Legal Metrology Online Services

Legal Metrology - Overview

Weights and measurement standards are established and upheld under the Legal Metrology Registration Act. Because it mandates registration and additional compliance for packers, dealers, and particularly eCommerce businesses dealing with packaged goods, the main legislation governing packaged goods, along with rules pertaining to various topics like national standards, model approvals, and numeration, has a broad impact.

To uphold moral corporate practices and protect customers' rights, the Act establishes regulations for product packaging. It also establishes the maximum sizes and weights for packaged goods. The Act also specifies the disclosure, conditions, and methods. The administration of the Act is carried out by the department of legal metrology, a division of the department of consumer affairs, in each state.

Mandatory Information

• Manufacturer, Importer, and Packer Information
• The name and address of the producing, packaging, or importing organisation must be listed on packaged goods
• If the production and packaging companies' names and addresses are different, they must be declared separately. This rule does not apply to food products because they are protected by the Food Safety and Security Act
• The product being offered is under a generic name
• List the highest possible retail price (including all taxes)
• The packaging must include the date of manufacturing, packaging, or import as well as the month and year
• On the product, the date of expiry should be listed along with the month and year
• Additionally, the window of time during which the product is most effective can be indicated
• Commodity quantity, ingredient(s), customer service or helpline for consumer complaints must be provided without fail.

Prohibitions Under The Legal Metrology Registration Act

• A person must possess a current LMPC Certificate granted by the Authority in order to manufacture, repair, sell, or offer to sell any weights or measures.
• With the exception that a manufacturer won't need a legal metrology registration license in order to fix his own weights or measures in a state other than the one where they were made.
• In India, the Ministry of Consumer Affairs, Food & Public Distribution's Department of Consumer Affairs develops and implements legal metrology department standards. While being brought under central jurisdiction, the Legal Metrology Registration Act, 2009, has been established as a model Act. The Act may be put into effect by any State in India, with or without modifications. In addition, a few states have passed their own legislation to address the problems and concerns related to legal metrology.

Legal Provisions Of Legal Metrology Act Registration

Section 19 of the Act

If a person is not registered with the Concerned Authority and does not possess a current LMPC Certification, they are not authorised to import any weights or measurements.

Section 38

Any person who engages in the activity of importing any weight or measure without first registering under the Act would be subject to a fine that can reach ₹ 25000 for a second or subsequent offence, as well as a term of imprisonment that can last up to six months.

Rules Set Under Legal Metrology Act

The Legal Metrology Act of 2009 has several rules to regulate the use of weighing and measuring devices in India. These include:

• The Legal Metrology (General) Rules, 2011: These rules cover around 40 different types of weighing and measuring devices, including electronic weighing instruments, weighbridges, fuel pumps, water metres, sphygmomanometers, clinical thermometers, etc. The devices are checked regularly by State Government personnel using standard weights and measures as per the process outlined in the Rules.
• The Legal Metrology (Packaged Commodities) Rules, 2011: This rule mandates certain labelling requirements for pre-packaged commodities sold in India. These include declarations such as the name and address of the manufacturer/packer/importer, the country of origin (in case of imported packages), the common or generic name of the commodity, net quantity, month and year of manufacture/pack/import, maximum retail price (inclusive of all taxes), and consumer care details.
• The Legal Metrology (Approval of Models) Rules, 2011: This rule defines the standard measures or numbers and how pre-packaged goods shall bear affirmations and other particulars.
• The Legal Metrology (National Standards) Rules, 2011 defines the specifications of base units of measures and base units of mass, different standards, and times of verification of the norms.
• The Legal Metrology (Numeration) Rules, 2011: This rule specifies how numeration should be made and how numbers should be written.
• Indian Institute of Legal Metrology Rules, 2011: These rules govern the Indian Institute of Legal Metrology, Ranchi, the training institute for Legal Metrology Officers of States/UTs/Union of India. The rules specify the courses to be communicated at the Institute, obligatory functions of the Institute, and qualifications of persons eligible for admission.
• The Legal Metrology (Government Approved Test Centre) Rules, 2013: These rules govern the approval of Government Approved Test Centres (GATCs) created by private individuals to verify certain weights and measures by State Government Officers. The rules specify the weights and measures that can be verified by a GATC, including water metres, sphygmomanometers, clinical thermometers, automatic rail weighbridges, tape measures, non-automatic weighing instruments of accuracy class-IIII/Class-III (up to 150kg), load cell, beam scale, counter machine, and weights of all categories.

Importance of Legal Metrology

• To regulate the weights and measurements used in commerce and trade
• To create and preserve the standards for weights and measures
• To place limitations on goods makers, sales, and use in terms of weight, measure, or numbers
• To logically justify the metric system.

Benefits of LMPC Certificate Under the Legal Metrology Registration Act

Cost of Transactions Is Reduced

Poor measurement procedures are frequently time- and money-consuming to use. Both consumers and businesses are negatively impacted by this. Poor measurement techniques may come at a very high cost in the form of lengthy court disputes and legal fights.

Support Trade

Control over any illegal and unfair trade policies is the responsibility of the Supporting Trade Legal Metrology Registration Act. This Act seeks to ensure that measuring devices are complete and in excellent operating order so they can fulfil their intended function and adhere to global standards.

Collection of Government Revenue

Excise taxes on goods manufactured, sold, imported, and exported as well as measurement taxes are two ways the government raises money. The TS Legal Metrology Act makes sure that businesses and the government are treated fairly when it comes to tax collection.

Lowers Trade-Related Technical Barriers

The TS Legal Metrology Act lessens the weight of technical obstacles while fostering measuring confidence and clarity. Reduced obstacles boost national morale and encourage participation in the global trading system, which boosts economic growth at home.

Eligibility Criteria for Legal Metrology Registration

To be eligible for LMPC registration the following aspects has to be satisfied:

• Your proposal and your goods must both adhere to the legal metrology packaged commodities rules
• All the required papers has to be submitted in order to apply for legal metrology in India
• Any additional business licenses that are necessary for your firm to operate should be provided
• A fully completed application
• Request for documentation regarding the registration cost
• Information that you must input into the relevant sections on the package's display window.

Important Guidelines for LMPC Certificate

• A ₹100 application fee must be submitted with the underlying registration application to ‘Pay and Accounts Official’ D/o Consumer Affairs, New Delhi
• The list of items for weight OR measure is defined by the general rules under the LMPC Act, and registration is only required for such goods
• Within seven days after receiving the application, the Controller of Legal Metrology department must return any incomplete applications
• Within ten days of receiving the application, if it is complete in all material respects, the Controller shall issue the applicant with the LMPC certificate.

Documents Required for Legal Metrology Registration

• The validity of an LMPC certificate is five years. The LMPC import license must be renewed before the expiry period to avoid hassle during customs clearance
• To renew an LMPC certificate, the applicant must submit an application to the appropriate Legal Metrology Department at least 30 days prior to the expiry date of the original certificate. The application must be accompanied by the required fee and documentation
• Once the application is approved, the applicant will be issued a new LMPC certificate with a validity of five years.

LMPC Certificate Exemptions

The following are exempt from the requirement of obtaining an LMPC certificate for import:

• Commodities with a net weight or measure of 10 grams or 10 milliliters or less.
• Agricultural produce in packages of more than 50 kg.
• Packages containing fast food items packed by a restaurant or hotel.
• Packages containing formulations covered by the Drugs (Price Control) Order, 1995.
• Packages with commodities weighing more than 25 kg or 25 liters, excluding cement and fertilizers sold in bags of up to 50 kg.
• Packaged commodities meant for industrial consumers (those who buy the goods directly from the manufacturer for use in that industry) or institutional consumers (service institutions such as airways, railways, hotels and hospitals).

In addition to the above exemptions, the following are also exempt from the requirement of obtaining an LMPC certificate for import:

• Goods imported by the Government of India or any of its departments or agencies.
• Goods imported by foreign diplomatic missions and consular posts in India.
• Goods imported for personal use, not for commercial purposes.
• Goods imported for research or scientific purposes.
• Goods imported for educational purposes.
• Goods imported for exhibition or display purposes

Legal Metrology Registration - Procedure

• Step 1: Application to LM : We gather all the data and create the application
• Step 2: The Zonal officer will review the application for any problems or objections and provide insights
• Step 3: Inspection of Premises - If the application is properly filed, the inspector will arrive at the predetermined time
• Step 4: Recommendation - Inspector offers the suggestion in accordance with the premises' compliance
• Step 5: Acceptance or rejection - The zonal officer submits the thorough report to the assistant controller
• Step 6: Compliance with LM Act and Rules - Products and facilities' packaging, weights, and measurements must adhere to the aforementioned Act and Rules.
• Step 7: Replying to any regulatory action - Imply the regulatory changes being announced or hinted at.

To learn more about the procedure, you can also sign up for a legal consultation with one of our knowledgeable consultants.

You can trace the application using the process given below:

• Visit the state government's legal metrology portal
• Select the tracking link that is located above the page
• The applicant will be directed to the tracking page, where they must provide details such department information
• The acknowledgment number must then be given as the following step
• The applicant's final step is to complete the right captcha that is provided on the page and click the submit button after supplying all of the previously mentioned information
• The applicant will receive a tracking report for the licence renewal once all of the aforementioned stages have been completed.

Who Needs to Register for LMPC Certificate?

• Case 1: Registration for importing, producing, and packaging packaged goods Every importer, producer, and packer of packaged goods is required to register in accordance with Rule 27 of the Legal Metrology (Packed and Commodities) Rules, 2011. The registration can be made with the State's Controller of Legal Metrology or the Director of Legal Metrology of the Central Government, depending on where the pressing or importation is finished. No matter where the registration is done, the following terms are applicable nationwide.
• Case 2: Registering imported weights and dimensions
• According to the Section 19, No one is permitted to import any weights or measurements unless they have registered with the Director in the authorised manner and paid the necessary fees.
• According to Section 38, a person who imports any weight or measure without first registering with the Act is subject to a fine of up to ₹25000 and a maximum six-month prison sentence for the offence.

Why Does a Business Need Legal Metrology Act Registration?

The Legal Metrology Act sets specific laws and regulations pertaining to the marketing and distribution of packaged goods. Additionally, this Act lays forth the procedures to adhere to while importing and exporting pre-packaged commodities. Establishing a system to protect consumer and buyer rights is necessary for the effective and smooth operation of your business, and in order to do so, you must abide by the Act that outlines the legal metrology and measurement system.

There is a potential that you could be subject to severe fines and punishment if you don't adhere to the standards outlined in the legal metrology and measurement system. Your company's growth could be hampered and your brand's reputation could suffer.

Our Assistance in getting the Legal Metrology Registration in India

Although most modern business registration processes are online, Legal Metrology Certificate registration for weights and measures still requires a combination of offline and online procedures.

Our experts are well-versed in both methods and will assist you with the following:

Our experts will support you throughout the application process, promptly addressing any objections. Once the registration process is complete, we will notify you immediately.

• Completing your application.
• Collecting a product sample.
• Submitting the application and relevant documents to the Department.
• Providing regular updates on the status of your application.

Why Should You Choose Vakilsearch?

We work with recognised specialists to meet all of your legal requirements and we connect you with them in just a click. Furthermore, you may always monitor the development on our web platform. We guarantee a hassle-free interaction with the government by taking care of all the paperwork. We provide transparency regarding the incorporation process to assist people in having reasonable expectations.