Legal metrology has become a must for all importers who import based on weight and measurement. The article guides you to Getting Started with Legal Metrology on Web, and the documentation required.
The Legal Metrology Act, 2009 ensures conformity to the standards of weights and measures and regulates trade and commerce related to goods sold or distributed using weight, measure or numbers. The Act applies nationwide and registration under it is known as Legal Metrology Registration or Legal Metrology Packaged Commodity (LMPC) License.
Trading is a quite important and common activity that is performed to maintain the balance of resources and the economy. Whether it is a Domestic or Interanion trade, the measurement of weight and other quantities are always involved, which requires the legal metrology. Many often importers perform malpractice to escape the taxes and import duties.
Thus, a law was formulated to legalize these measurements during imports and exports. The main aim behind this was to standardize the weight and other measurements. At the same time, it also eliminates any chance of error due to outdated or faulty instruments. Some documents are required to get verified Here we will discuss what exactly this law is, why do need verification and How one can apply for the same?
What is Legal Metrology Deed, 2009?
Legal Metrology deed, 2009 is a law that governs the weight and measurements of imported or exported goods. Any item that is being sold or purchased based on weight comes under this law. Moreover, the law also emphasizes the requirement of correct instruments and technical know-how. As this enforces, transparency, accuracy and security from the customer’s point of view.
The law also helps to prevent the exploitation of customers. Because if no such act was present, the traders can easily sell goods at whatever price for a particular weight. Therefore, the law protects the right of customers through standardization and transparency. It applies to both, Industrial and Public, domains.
The act came into existence on March 01, 2011. Before this, the Standard of Weights and measures Act, 1976 was governing this criterion. Later, a bit modified version of the same act was enforced, Standard of Weight and Measures Act, 1985. Both acts were replaced by the current one under Section 57(1).
Some terms associated with it:
1) Dealer – The person who deals with the weight or measures is known as the Dealer. Their responsibilities include buying, selling, supplying or distributing the goods. For which their monetary profit or any other interest is involved.
2) Label- A Label simply means some sort of description of the goods. These descriptions can be in the form of graphics, written, stamped, printed or any other mark.
3) Manufacturer- Any person or company that performs the production of any commodity is the Manufacturer of that good. A manufacturer can either produce the parts, assemble the part, produce the complete weight or can also affix their label, claiming the good to be produced by them.
What is LMPC?
LMPC ( Legal Metrology Packaged Commodity) documents verifies that an individual or individual adheres to the laws of the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodity) Rules, 2011. Any trader who deals in imports of pre-packaged goods has to get this.
These are issued by the Director of Legal Metrology of the Central Government or the Controller of Legal Metrology in the state. The trader seeking this document has to send an application to the concerned authorities. After which government agencies make proper verification and identification of the businesses.
If everything looks fine and legal, an LMPC is issued in the trader’s name. A periodic validation has to be done. It can remain valid for a minimum of one year and a maximum of five years. This can be issued by either the state or central governments.
It depends on the market an importer is targeting. If the good is intended to sell only in a state, then choose the state government for verification. But if the market is multiple states, permission from the central government is required.
Where to Legal Metrology Register?
Metrology registry can be easily done through webe mode. But the only problem is not many states support web registry for Metrology. If you reside in a state that accepts the online applications, then simply login into the Metrology website. To registry the legal metrology there, you can find the option to apply. Then submit your application along with other important documents and it’s done.
If your state does not have such a website or portal then offline mode can also opt. Visit your nearest Legal Metrology Department and follow the specified process.
What are the Documents Required For Legal Metrology?
The documents and proof required vary from state to state. A long list of documentation is demanded while applying for the certification. This list includes :
1) GST Registration Certificate
2) Passport Size photograph of the importer
3) Importer Exporter Code (IEC)
4) Sample of Declaration that will be placed on the good
5) Aadhaar Card Number
6) Registered partnership deed, if a partnership business or a Memorandum Of Article, if a company
7) Proof of address and identity
Several additional documents are also required to perform a deep inspection of the firm. Usually, these IDs and Proofs are different for different state governments. These documents can be a Location map of the official building, NOC (No Objection) from Pollution or any other board, Proof of date of birth, or many others.
Declarations that a Pre-Packaged commodity should have.
As already discussed it is important to have a declaration as a sample in the application. This application that would be affixed to the good is reviewed by the officers. To pass this inspection, there is certain information that your declaration should have
- Name and Address of the Importer
- Maximum Retail Price
- Country in which manufactured
- Month and Year of report
- Address and name of the manufacturer
- Generic Name of commodity
- Net quantity or weight, etc.
While printing the following information in the declaration, ensure that it is clear and readable. Also, the language used should be either English or Hindi. If the product can cause any harm or damage in any condition or period, it should be mentioned in detail. On the other hand, the government declares several rules regarding the same. Make sure that your declaration adheres to them otherwise, it may lead to the decline of your application.
Conclusion
So, this was some vital information you should know about the Legal Metrology. Make sure to follow all the rules and regulations of legal metrology. Any violation of the law may lead to fines and penalties.
The process of getting this documents can be pretty complicated. Preparing a complete list of documents, correct declaration and labelling, etc., are headaches if performed by an unprofessional. Hence, the service of an experienced and trained lawyer can help a lot in getting that documents ready.
Vakilsearch has been an web platform connecting clients and lawyers for a long time. Their service includes Legal documentation, Law advice, and taxes. They only have reliable lawyers with excellent hands-on knowledge whose services come at affordable pricing.
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