Manufacturing License under Legal Metrology – A Detailed Analysis

Manufacturing License under Legal Metrology
krishna kumar
| Updated: Jul 18, 2022 | Category: Legal Metrology

In India, the Directorate of Legal Metrology Act is one of the independent wings under the Authority of Consumer Affairs, Food and Civil Supplies. The Government of India imposes the Legal Metrology Act & Rules by the Director at the center, who in turn representative his powers to the Controllers of the States for adequate enforcement of the provisions of the Acts & Rules. In this blog, we described Manufacturing License under Legal Metrology.

An Overview of Legal Metrology Act Registration

Many business operations must go by weighing and measuring for good performance. Thus, to solve this problem government has established an Act known as the Legal Metrology Act. This Act proposes to keep clarity and transparency in the business; the Act protects the right of consumers. Legal Metrology Act helps control & reduce the ill effects of weight and measurement errors. It clearly defines weighing and measuring devices, units, standards and compulsory requirements to ensure public guarantee from an accuracy & security perspective of the weights & measurements.

Legal Metrology Act, 2009, was executed with effect by 1st April 2011, contains the preamble:

“An Act To introduce And impose Standards Of Weights & Measures, Regulate Trade & Commerce In Weights, Measures And Other Goods Which Are Sale Or Distributed By Weights, Measure or Number And For issues Connected in addition to that and random to it.”

Who is Manufacturer under Legal Metrology

According to Section 2(I), about any weight or measure, a “manufacturer” is a person who manufactures the weight and measurement, or one or more parts thereof, and acquires other parts of the same weight and measurement, and then claims the end product to be a weight or measure manufactured through himself or itself, as the case may be.

Manufacturing License under Legal Metrology (General Rules) 2011

Legal Metrology has expressly provided a process for permits and application processes related to weighing and measuring devices

Application Form Objective
LM1 For a license to manufacture weights and measures according to Schedule IIA
LM2 For Renewal of manufacturing license according to Schedule IIB
LM3 A manufacturing license is a grant according to Schedule III.

Documents Required for Manufacturing License under Legal Metrology

  • Photographs, Identity & Address proof of the applicant or partners.
  • Ownership or occupancy document of the proposed premises.
  • Proof of the Date of Birth of the applicant or partners.
  • Partnership deed, in case of partnership firms.
  • Map Location
  • Model approval certificate, grant by the Director, Legal Metrology, Government of India, if required under Legal Metrology General Rules, 2011, concerning the proposed weighing and measuring instrument.
  • List of machinery and tools.
  • No objection Certificate from pollution control Board.
  • Affidavit to State that the applicant would adhere to the Controller’s legal provisions and directions.
  • Copy of VAT/CST/GST Registration
  • Registration document of factory/establishment/shop/municipal trade license, as the case may be.
  • Copy of PAN

Registration Procedure for manufacturing License under Legal Metrology

Here are some vital guidelines traders must follow for registering for the import or export of products. Guidelines cover measuring weight under Section 47 of the Standing of Weights & Measures Act, 1976[1].

  • Application for the essential registration of the name in the organisation’s name reorganise of registration of exporter/Importer of weight and measure is to be steered through the Controller of Legal Metrology of State/UT in which the exporter or Importer is arranged beside request draft of Rs. 10/ – for “Pay & Accounts official” D/o Consumer Affairs, New Delhi.
  • Standard Rules define the list of items for weight OR measure, and registration shall be done only of those items.
  • In case it is incomplete, give it back to the Controller of Legal Metrology within seven days of obtaining the application, under intimation to the applicant.
  • If the application is incomplete, obtain the applicant’s registration certificate within ten days of receiving the application through imitation of the Controller of Legal Metrology.

Model Approval under Legal Metrology

Every different model of measuring and weighing instrument falling under the Legal Metrology purview must obtain a Model Approval from the Central Legal Metrology Department. An application for the approval of a model needs to be filed along with a couple of models and their documentation and details. must also submit a grant of the certificate of approval and report by a verified and certified referral laboratory  along with the application

The Central Legal Metrology Department might approve the respective device models in the detailed report submitted by the referral laboratory. Upon approval, the model of the device is assigned a unique code. It is then the responsibility of the manufacturer to mention this code on labels or certificates affixed upon each device sold by the manufacturer or Importer.

Conclusion

accordingly, from the above discussion, it is achieved that the Legal Metrology Act was approved to keep in examination the weights & measures in the products, only the stakeholders have the authority to manufacture such products or import them into the market with a valid license; any infringement of the Act is a summons to penal offences.

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krishna kumar

Krishna Kumar has completed BA-LLB with a specialization in constitutional Laws from ICFAI University. As a recent graduate, He has both legal research and content writing experience in various law firms. He secures good drafting skills for various legal documents in multiple fields of law.

 

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