Dive into the Indian Legal Metrology Act of 2009. Get to know more about the licensing requirements, penalties, and implications for businesses in India. Read now
A crucial piece of law that controls the standards of weights and measures used in trade and commerce in India is the Legal Metrology Act of 2009. It is essential for preserving measurement precision and consistency as well as fair trade practices and consumer protection. The Legal Metrology Act, 2009’s key components will be covered in-depth in this blog, along with their importance in the Indian legal and commercial scene.
Legal Metrology Act of 2009 – An Overview
The Legal Metrology Act of 2009’s primary goal is to promote fair trade practices, safeguard consumer interests, and uphold precision and consistency in measurements. This comprehensive Act mandates licensing requirements for entities involved in importing, manufacturing, repairing, or selling weights and measures, along with stringent penalties for non-compliance.
With a focus on consumer protection, declarations on pre-packaged commodities are a key feature, ensuring transparency and informed consumer choices. Vakilsearch, with our expert legal services, assists businesses in understanding and adhering to the Legal Metrology Act, 2009 enabling them to navigate the Indian market while maintaining legal compliance and consumer trust.
Key Features of the Legal Metrology Act of 2009
1. Licensing Requirements
Section 19: Mandatory Registration for Importers
Every importer of weights and measures is required to register as an importer with the Director of Legal Metrology Act of 2009. Importing non-standard weights or measures marked in non-standard units without prior central government approval is prohibited. Before selling their imported models of weights or measures in India, importers must confirm that the Central Government has authorised them.
2. Model Approval
Section 22: Approval for Weight and Measure Models
Before producing or importing any weights or measurements, people must obtain Central Government clearance for the model, with the Director of Legal Metrology having this authority.
3. Licensing for Manufacturing, Repair, or Sale
Section 23: Licensing Requirement
Weights and measures cannot be manufactured, repaired, sold, or owned without a license from the Controller of Legal Metrology.
4. Registration for Pre-Packaged Commodities
Rule 27 of Packaged Commodities Rules, 2011
Companies that pre packaged goods or import them for sale are required to register as an importer, manufacturer, and packer of prepackaged goods. This entails offering supporting paperwork, such as business registration documents, addresses, and product specifications.
Key Penalties Levied Under the Act for Offences
Violations of the Legal Metrology Act of 2009 can result in severe penalties:
- Use of non-standard weight or measure: Penalty up to ₹25,000 and up to 6 months of imprisonment for repeated offences
- Making or selling nonstandard weights or measurements: For repeat crimes, there is a fine of up to 25,000 and a maximum sentence of three years in jail
- Failure to get model approved: Penalty up to ₹25,000 and up to 1 year of imprisonment for repeated offences
- Selling non-standard packages: Penalty up to ₹50,000, extendable to ₹1 lakh, or 1 year of imprisonment for repeated offences
- Non-registration by importer: Penalty up to ₹25,000 and up to 6 months of imprisonment for repeated offences
- Manufacturing weights and measures without a license is punishable by a fine of up to ₹25,000 and a year in jail for repeat offenders.
Documentation Requirements for Registration
To register as an importer of weights and measures under Section 19 and to obtain model approval, businesses are required to furnish several documents.
- These documents include proof of business, which establishes the legal entity’s existence and legitimacy
- Additionally, proof of the place of business is essential to confirm the physical location where trade activities occur
- Businesses must also provide detailed information about the specific weights and measures they intend to import, ensuring compliance with regulatory standards and specifications.
Declarations on Pre-Packaged Commodities
The Act also mandates specific declarations on pre-packaged commodities:
- Manufacturer, packer (if different), and importer (for imported items) names and addresses
- Generic or common names for the product
- Net amount in the specified weight or measurement
- Date of manufacture or pre-packing
- Retail sale price
- Contact information for complaints.
Additional rules from the Prevention of Food Adulteration Act of 1954 are applicable to packaging containing food goods.
Exceptions to Pre-Packaged Commodities Regulations
The Act provides exceptions for certain packages, including those containing more than 25 litres or 25 kg, packages for institutional and industrial use, and packages with a net weight or measure less than 10 grams or 10 millilitres. However, even in such cases, the MRP must be declared.
Conclusion
The Legal Metrology Act of 2009 in India is a critical legal framework that ensures accuracy and fairness in trade. Understanding its features and complying with its provisions is essential for businesses to thrive while maintaining consumer trust and confidence. Vakilsearch is here to assist you in navigating the intricacies of this Act and ensuring legal compliance for your business. Contact us today for expert legal services.
Vakilsearch is your trusted partner when it comes to navigating the complexities of the Legal Metrology Act in India. Our dedicated team of legal experts is well-versed in the intricacies of this legislation and can provide you with end-to-end solutions. Whether you need assistance with licensing, model approvals, or ensuring compliance with pre-packaged commodity declarations, we have the knowledge and experience to guide you through the entire process seamlessly.
Also Read:
- Legal Metrology Licenses Procedure
- What are the Benefits of Registering Under the Legal Metrology Act?
