There are number of business operations that need to go through measurement and weighing for the better performance. Thus to resolve this issue government has introduced an Act called “Legal Metrology Act”. The purpose of this act is to keep transparency and clarity in the business, the act also protects the right of the consumer.
Legal Metrology Act helps in managing and reducing the ill effects of weight and measurements errors. The clearly defines weighing and measuring instruments, units, standards and compulsory requirements with an aim of ensuring public guarantee from accuracy and security perspective of the weights and measurements.
Legal Metrology Standards in India are defined and implemented by the government of India, Department of Consumer Affairs under Ministry of Consumer Affairs, Food & Public distribution. While the Legal Metrology Act, 2009 presented under central jurisdiction has been established as a model act, each state in India has a will to receive the act with or without adjustments. A couple of states, be that as it may, have approved their own act to manage the issues and matters identified with legitimate metrology.
Benefits of Legal Metrology Act Registration
Measurement plays a crucial role in the trade practices. It is the demand of the effective trade to be transparent and create a balance between the traders and consumers.
(a) Reduces Transaction Costs
Often revising poor measurement practice proves costly and time consuming. They affect both the businesses and consumers. In fact initiating legal action against a trader who shows the audacity of breaking the measurement laws is also high priced. But when measurements are done accurately and correctly following all the norms of Legal Metrology Act it certainly result in reduction of cost and time.
(b) Supporting Trade
Legal Metrology Act is responsible to control any unlawful and unfair trade practices. The purpose of this act is to make sure that measuring instruments are intact and in working state so that they can serve their intend purpose and meet international standards.
(c) Collecting Government Revenue
Government collects its revenue through excise duties imposed on products produced, sold, imported and exported and also via taxes levied on measurement. Legal Metrology Act ensures that no injustice is done to both the government and business in the matter related to payment of tax. The deal by proportion of mass items can be a huge segment of both export and national pay especially in items, for example, timber, rice, coffee, palm oil, coal, iron-mineral, gold, jewels and natural gas.
(d) Reduces Technical Barriers to Trade
Legal Metrology Act reduces the burden of technical barriers and promotes confidence and clarity of measurement. Fewer amounts of barriers increase the morale of the nation and encourage them to participate in the global trading system which in result increases the national economic growth. With the help of Legal Metrology Act a trader can avoid useless barriers in the process of adoption, application of technical regulations, standards and conformity assessment procedures.
(e) Build Consumer's Trust
As soon as the customer realise they are receiving a product verified under certain rules and regulations it will boost their trust in the businessman which ultimately leads to healthy trading relationship.
Documents Required During the Registration Procedure
List Of Documents That Manufacturer Need:
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.
- Location map
- Partnership deed, in case of partnership firms.
- Model approval certificate, issued by the Director, Legal Metrology, Government of India, if required under Legal Metrology General Rules, 2011 with respect to the proposed weighing and measuring instrument.
- No objection Certificate 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 maybe
- Copy of VAT/CST/GST Registration
- Copy of PAN
List Of Documents For Repairer In Weights And Measures:
- Identity proof.
- Two Passport size
- Certificate of Registration of Industry
- NOC from Competent Authority.
- Document proof of Ownership / Lease Agreement of Premises.
- Constitution in case of proprietorship / partnership firm. Registered document in case of Company register Certificate under Companies Act along with copy of Article of Association and Memorandum of Association.
- Employee Copies of Appointment Letters with photographs, Qualification and Experience Certificate, if any;
- Machineries, Tools and Accessories list with purchase bill.
- Test weights purchase bill in case of new Verification Certificate.
- GST Registration Certificate.
- Professional Tax Registration Certificate
- Valid Labour Licence.
License For Dealer In Weights And Measures:
- Identity & Residential Proof.
- Two Passport size.
- Letter of Consent from the Manufacturer who wish to appoint you as a Dealer
- Manufacturing License if you intend to import weights & measures from outside the State.
- Model Approval Certificate of weights and measures to be deal with.
- Documentary proof of ownership / Lease agreement of Premises.
- GST Registration / Professional Tax / Labour License
Functions of the Legal Metrology Act Registration
Exactness and precision in measurement plays a crucial role. A straightforward and proficient legal metrology framework moves trust in trade, industry and purchaser and brings agreeable condition for leading business by way of
- commitment to the economy of the nation by expanding the income in different divisions.
- assuming significant job in lessening the revenue losses in the coal, mines ,industries, petroleum, railways.
- reduce the amount of loss and wastage in the infrastructure sector.
The work performed by the Legal Metrology thusly, is crucial to the public interest. Executive, Legal Metrology is a statutory authority with forces and duties endorsed under the Legal Metrology Act, 2009 relating to the inter-state trade and business of weights and measures including pre-packaged products. Director, Legal Metrology is likewise answerable for building up standards of Legal Metrology and keeping up discernibility of Standards identifying with Legal Metrology. The essential duties of the Director are in the idea of Regulation, Enforcement and Research, Regulation and Enforcement capacities to attempt specialized field investigations, look, seizures, enlistment of workplaces and propelling indictments.
Registration Procedure of Legal Metrology Act
Here are some guidelines that traders have to follow for the registration during the import/export of goods. Guidelines cover measuring of weight under Section 47 of Standing of Weights and Measures Act, 1976.
- Application for the underlying registration of name in the organization's name reestablishment of registration of exporter/importer of weight or measure is to be steered through the controller of Legal Metrology of State/UT in which the exporter/Importer is arranged alongside request draft if Rs. 10/ - for "Pay and Accounts official" D/o Consumer Affairs, New Delhi.
- General Rules define the list of items for weight OR measure and registration shall be done only of those items.
- If it is incomplete then give it back to the Controller of Legal Metrology within 7 days of receiving application, under intimation to the applicant.
- If the application is incomplete in every respect then grant the registration certificate to the applicant within 10 days of receiving the application under imitation of controller of Legal Metrology.
Case 1: Registration for importing/ manufacturing/ packing of packaged commodities
Rule 27 of the Legal Metrology (Packed and Commodities) Rules, 2011, makes registration compulsory for every importer, manufacturer or packer of packaged commodities. The registration might be made with the Director of Legal Metrology of the Central government or the Controller of Legal metrology of the State where the importing in or pressing is finished. No matter where the registration is done, following conditions are valid for the entire country.
Case 2: Registration for importing weights and measures
Legal Provisions
Section 19 Of The Act
No individual has the authority to import any weight or measure if he is not registered with the Director in such manner and on payment of fees, as prescribed.
Section 38
If any individual indulge in the activity of importing any weight or measure and that is too without being registered under the Act then a fine will be imposed on the person which may extend up to Rs 25000 for the second or subsequent offence, with imprisonment for a term which may extend to six months.
Registration Procedure
- Rule 15 of the Legal Metrology (General) Rules, 2011, defines the procedure for registration. The structure related to fee payable is described in the Twelfth Schedule and the format related to application is described in the Tenth Schedule of the said Rules.
- Standard weights and measures or parts thereof might be imported.
- Producers or vendors will require enlistment as an importer from the Director of Legal Metrology, GOI.
- The application ought to be submitted in the advised form, through the State Controller, to the Director of Legal Metrology, alongside the prescribed fee of Rs 100 in any event one month before the import. The Controller will forward the application alongside a report on predecessors and technical capacities of the importer.
- Registration remains valid for 5 years and is renewable as well.
Why your business needs Legal Metrology Act Registration?
There are certain rules and regulations that Legal Metrology Act defines related to selling and distribution of packaged products. This act also provides the guidelines to follow during the import and export of goods. If you want your business to run efficiently and smoothly you need to setup a consumer and buyer right protection system and in order to establish a protection system you need to comply with the act that has described the legal metrology and measurement system.
If you fail to follow the norms described in the legal metrology and measurement system then there are chances that you might face heavy fines and punishment. This may affect your brand image and hamper the growth of your business.
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Posted by Aashima
Team TaxaJ