Legal metrology refers to the laws and norms governing measures and measurement equipment that ensure fairness, precision, and dependability in trade, commerce, and legal transactions. It addresses the calibration of devices used in many industries as well as the regulatory requirements for measurement precision. SKMC Global is here to help you with legal metrology registration and obtaining a legal metrology license.
"Accurate Measurement offers good business, fair-trade and safety!!"
It is common knowledge that weights and measures date back to antiquity and have played a vital role in assisting government traders, businesses, and everyday consumers in making decisions based on measuring outcomes. These measures affect well-being on both a personal and financial level. The first exact system of regulated weights and measures was developed by the Harappan civilization, which flourished in the Indus Valley and produced measurements as accurate as 1.6 mm. The Indian Parliament passed the Standards of Weights and Measures Act in December 1956, and it became effective on October 1st, 1985.
Nearly all Indians are consumers, whether they are buying food, clothes, gas, or anything else. Measurements have made it possible for us to know, with confidence, that we are paying for what we have received each time we pay our utility bills.
Rules Set Under Legal Metrology Act
- The 2011 Legal Metrology (General) Rules - There are about forty different types of weighing and measuring equipment covered, such as weighbridges, water meters, sphygmomanometers, fuel pumps, electronic weighing instruments, and clinical thermometers, among others. These weighing and measuring instruments are routinely inspected by State Government personnel using the Standard Weights and Measures and the protocol outlined in the Rules.
- The 2011 Regulation on Legal Metrology (Packaged Commodities) - Before the items are sold, it establishes labeling requirements and regulates pre-packaged commodities in India. According to this law, every package must include the following particular declarations:
- When importing packages, the name, address, and country of origin of the producer, packer, and importer
- Common or generic name of the product contained in the container Net quantity stated as a conventional weight, dimension, or figure
- The months and years of manufacture, packing, and import
- The Maximum Retail Price (MRP) of Rs. represents the retail sale price, which includes all taxes.
- Information regarding customer service
- The Central Government created the Legal Metrology (Approval of Models) Rules, 2011 in compliance with the Legal Metrology Act of 2009. This regulation outlines the standard measurements or figures and the manner in which pre-packed goods must be labeled with affirmations and other information.
- The Rules for Legal Metrology (National Standards) - The Central Government created this framework in order to describe (i) different standards, (ii) times for confirming the norms, and (iii) requirements for basic units of mass and measurement.
- The 2011 Legal Metrology (Numeration) Rules outline the proper way to express numbers and how to numerate them.
- Rules for Legal Metrology by the Indian Institute, 2011 - Legal metrology officers from the States, Union of India, and Union Territories can receive training in legal metrology at the Indian Institute of Legal Metrology, Ranchi, which is run by this agency. These rules contain limitations on the courses that the institute must publicize, the duties that the institute must do, and the prerequisites for applicants to be accepted into the institute.
- The Government Approved Test Centers for Legal Metrology Regulations, 2013 - As per the Government Approved Test Center (GATC) Rules, private parties can only verify certain weights and measurements if state government personnel accept GATCs created by them. The following weights and measurements are indicated in these rules with regard to the verification by a GATC:
- water meters,
- sphygmomanometers,
- clinical thermometers,
- automatic rail weighbridges,
- tape measures,
- non-automatic weighing devices with accuracy classes III and IIIA (up to 150 kg),
- load cells,
- beam scales, and
- counter machine weights of various kinds.
Legal Metrology Registration
Anybody who works with measuring and weighing equipment must register with the legal metrology. It can be used in the following three capacities:
- Company Registration: According to legal metrology regulations, any company that manufactures, imports, or packages scales and measuring devices must have a legal metrology license.
- Importer Registration: Before someone can export or sell their weighing and measuring instruments in the Indian market, they must obtain a Certificate of registration of Importer of Weights and Measuring Instruments. Only standard packed items may be imported into India. It comprises the following: registering a business in compliance with legal metrology; registering an importer in compliance with general laws; and registering an importer and packer (packing and warehouse registration).
- Registration of Manufacturers, Importers, and Packers (Packaging and Warehouses) To market goods in India, the particular company needs to seek legal metrology registration or renewal for packaging and warehouse for product labels that fall within the legal ambit of LMPC certification. Weighing machines and other products under the weight and measurement category need to go through five steps of legal metrology registration with the LM department.
- Model Approval
- Packaged Commodity Registration
- Import License
- Dealership License
- Stamping of products
Legal Metrology Licenses
A specific license is issued to the specific applicant depending upon the type of business deal with. Types of licenses are as follows.
Manufacturer license & Process
This license is issued to the manufacturer of weights and measures. In order to get a license following process is followed:
- Apply using the format that is enclosed (LM-1)
- The application will be accessed by the district nodal official first, who will then forward it to the appropriate Local Senior Inspector/Inspector (Legal Metrology Officer) based on the firm's address.
- The applicant's proposed location and all required paperwork will be inspected by the local Senior Inspector/Inspector in order to determine the applicant's production capability and capacity. Following that, they will draft a report and recommendation, which Divisional Assistant Controllers will send to the Controller (Licensing Authority).
- After reviewing the materials, the Local LMOs report, and the application, the Assistant Controllers will transmit the application to the Controller along with their suggestions.
- The Local Inspector, Assistant Controller, or Controller will notify the applicant of any significant flaws in the application and may raise a question or object that needs to be addressed.
- After reviewing the application in its totality and determining that it is reasonable to grant a license, the Controller may request that the applicant pay the Rs. 500 license fee in the appropriate HEAD OF ACCOUNTS.
- The license would be issued in the prescribed format after the licensing money was paid and a copy was obtained from the Controller's office.
Documents Required for a Manufacturer License
- The applicant's photo, identification, and proof of address.
- Evidence of the candidate's birthdate.
- Title or lease agreement for the intended location.
- In the case of partnership firms, the partnership deed.
- Affidavit guaranteeing the applicant would follow all legal requirements and Controller directives.
- Affidavit certifying that the petitioner has not been penalized by a court or has a criminal case ongoing in any court.
- The license for the store, establishment, or municipal commerce, if applicable, must be registered.
- A duplicate of the GST registration.
- A PAN copy.
Repairer License & Process
Repairer includes a person who cleans, lubricates, adjusts, or paints any weight or measure. Anyone interested in obtaining a license as a weights and measures repairer needs to follow the following steps:
- Apply using the format that is enclosed (LR-1)
- After reviewing the application, the district nodal officer will forward it to the appropriate Local Senior Inspector/Inspector (Legal Metrology Officer) based on the firm's address.
- The applicant's intended premises and documents will be inspected by a local senior inspector or inspector; upon reviewing the data, the inspector will prepare a report and forward it to the Assistant Controller (the licensing authority with delegated powers) together with the application and recommendation.
- After reviewing the application, the local LMO report, and the supporting materials and establishing a prima facie case to award the license, the Assistant Controller may appoint a committee consisting of three members to look into and evaluate the applicant's ability and competence to repair the weights and measures. The committee then prepares to present its report to the Assistant Controller.
- The applicant will be able to view and respond to any questions or objections raised by the Assistant Controller or Local Inspector in the event that there is a significant error on the application.
- After reviewing the application and determining that it satisfies the requirements for license issue, the Assistant Controller may compel the applicant to pay the license fee of Rs. 100 in the relevant heads of accounts.
- The license will be issued in the proper format as soon as the fee is deposited and a copy of the fee is received at the Assistant Controller's office.
- The divisional Assistant Controller is in charge of sending the state-wide repair license application to the Controller, who is in charge of licensing.
Documents Required for Repairer License
- Address, proof of identity, and photo of the applicant
- Proof confirming the applicant's birthdate, title, or lease for the desired property
- For partnership businesses, the partnership agreement
- A document that details eligibility for electronic scales
- Declaration of Experience Certificate confirming the candidate complies with all relevant laws and Controller instructions
- Affidavit attesting to the petitioner's lack of criminal charges pending in any court and attesting to their innocence.
- If relevant, the license for the establishment, store, or municipal commerce needs to be registered.
- List of Instruments and Equipment.
- A copy of PAN
Legal metrology Dealer License & Process
A dealer license is issued to any person trading or marketing weights and measures in accordance with the State Legal Metrology (Enforcement) Rules, 2011. An importer must get both an importer/manufacturer license and a dealer license in order to operate as a weights and measures dealer.
- Apply using the format that is enclosed (LD-1)
- After reviewing the application, the district nodal officer will forward it to the appropriate Local Senior Inspector/Inspector (Legal Metrology Officer) based on the firm's address.
- The local Senior Inspector/Inspector will review the applicant's proposed location and any relevant documentation. They will also create a report and send it to the Assistant Controller together with the application and recommendation (Licensing Authority under delegated powers).
- The applicant will be able to view and respond to any questions or objections raised by the Assistant Controller or Local Inspector in the event that there is a significant error on the application.
- After reviewing the application and deciding it is suitable for license issue, the Assistant Controller may require the applicant to pay the $100 licensing fee in the relevant HEAD OF ACCOUNTS.
- The license will be issued in the proper format as soon as the fee is deposited and a copy of the fee is received at the Assistant Controller's office.
Documents Required for Legal Metrology Dealer License
- Photographs, identity documentation, and proof of address for the applicant or partner
- Proof of the applicants' or partners' birth dates
- The intended property's title or leasing agreement
- For partnership businesses, the partnership agreement
- A model approval certificate would be issued by the Director, Legal Metrology, Government of India, if the proposed weighing and measuring apparatus is subject to the Legal Metrology General Rules, 2011.
- NOC from the pollution control List of devices and equipment on the board
- A declaration promising to abide by the law and the Controller's orders; a declaration asserting that the applicant has never been in trouble with the law and that there isn't a criminal case pending against them.
- documents pertaining to the factory, shop, establishment, or, if relevant, municipal trade license registration.
- A duplicate PAN copy and GST registration
PCR (Packaged Commodity Rule) 27 of Legal Metrology
Food items, electronics, and both durable and non-durable consumer goods can all be subject to PCR. According to Rule 27 of the Legal Metrology (Packed product) Rules 2011, anyone who trades in the pre-packing of any product in a bottle, tin wrapper, etc., must register with the Controller of Legal Metrology or the Director of Legal Metrology.packaging for goods containing more than 25 grams or 25 liters.
Exemptions
- packaging for goods containing more than 25 grams or 25 liters.
- Packaged goods are intended for industrial or institutional users.
- Cement, fertilizer, and agriculture products in bags weighing over 50 kg are available for purchase.
Documents Required for PCR Application
List of documents and information required for applying for PCR importer license:
- All Warehouse details
- Product name and HSN code
- Whether the shop/factory is located in a commercial area? if Yes, attach proof
- Whether the shop/factory/premises is owned/rented: *(if rented, please share rent agreement)
- NOC from landlord
- Packing material / Slip /Sticker/ Label, which is being pasted on the packages.
- Memorandum of Association of the Company, Partnership deed in respect of Partnership firms.
- Import-Export Code.
- Two Photograph of all directors/partner
- GST
- Company Address proof
- All directors detail
- Applicant residential proof
Offenses And Penalty
A punishment of four thousand rupees is imposed on anyone found in violation of regulations 27 to 31. If a company is found to have violated the law, each director or person in charge will be held responsible independently.
It is crucial to remember that Rule 27 requires registration for all "pre-packed commodities." There is some ambiguity in the interpretation of the term, even with the Legal Metrology Act 2009's definition. Businesses and other entities still find it difficult to abide by the rules' restrictions, even after the Supreme Court and several High Courts have attempted to define the term in various judicial precedents.
How SKMC Global can help ?
Serving as a service provider, SKMC Global is essential in assisting businesses in adhering to laws and legal metrology registration process, which control the precision and equity of measurements and weighing instruments. This is how we can help:
Regulatory Guidance:
We offer advice on the particular metrology laws and requirements that relate to the company's goods, procedures, and machinery in addition to our experience on the legal metrology standards and regulations unique to the industry and jurisdiction of the business.
Certification and Calibration:
In order to guarantee that measuring and weighing instruments adhere to legal requirements, we help acquire the required legal metrology registration. We make sure that the gadgets are precise and adhere to legal requirements by using the professional guidance of our staff. This covers routine inspections and necessary recalibrations.
Documentation and Record Keeping:
We assist with the preparation and submission of the necessary paperwork for regulatory approvals and device certifications. We support the upkeep of precise calibration, certification, and other compliance-related record-keeping.
Training and Education:
To make sure that employees are aware of the legal metrology registration requirements and how to handle and maintain measurement equipment, we provide training sessions. Additionally, our team will conduct seminars and workshops on compliance methods and best practices pertaining to legal metrology.
Audits, Inspections and legal framework:
Our team will start by carrying out internal audits to evaluate compliance with legal metrology laws in order to pinpoint areas that require improvement. We will also assist your business in getting ready for regulatory body inspections by making sure that all tools and procedures adhere to the standards. Furthermore, we advise on necessary adjustments and offer guidance on integrating new legal metrology registration standards or rules within the firm's operations. We also keep your organization updated about changes in legal metrology certification requirements. In the event of disagreements over regulatory matters or metrology compliance, our staff offers legal assistance. When it matters most, our legal team will gladly represent your business before regulatory bodies and assist in resolving compliance-related concerns.
Process Improvement:
Our experts will provide your business with advice on how to improve measurement and weighing procedures to increase accuracy and efficiency while keeping compliance because we have a deep grasp of the field and have covered it extensively. Additional advice on metrology best practices is needed to guarantee continued compliance and operational excellence.
Through the utilization of service providers' expertise, businesses may guarantee the accuracy, legal compliance, and correct maintenance of their measurement and weighing instruments. This helps to prevent legal problems and improves operational reliability.