Measurement plays a vital role in trade practices. Intending to maintain transparency and clarity in the business and resolve the ill effects of weight and measurement, Legal Metrology came into effect. This write-up pens down the process of Packer registration under the Legal Metrology Act.
Packer Registration under Legal Metrology
Any person or entity who deals in pre-packed goods must be registered as a Packer or an Importer with the Director/Controller of Legal Metrology in the concerned jurisdiction. The Lawful Metrology (Packaged Commodities) Rules, 2011 (Rules) completely outline the compliance with all legal requirements adhered to by those who deal with and make declarations regarding “Packaged commodities.”
Scope and Applicability for Packer Registration
Rule 27 contains provisions about registration as a “Manufacturer,” “Packer,” and an “Importer.” Before we look at the registration process, it is crucial to be aware of the distinction between the terms’ Manufacturer and “Packer.”
What is a Manufacturer?
As per Rule 2(d), “Manufacturer” is a term that refers to “Manufacturer” means and includes any one or any company who-
- Make/produce or create a commodity.
- Puts or causes placed any label on any product packaging, and the mark implies that the item in the package is a product made, manufactured, or produced by the person or company.
What is Packer?
As per Rule 2(g), “Packer” means a person or firm that prepares any product in any packaging, container, or other containers, and in containers suitable for selling, either in retail, wholesale, or otherwise.
The term “pre-packed” refers to a product that is not purchased by the buyer and is packaged in a box regardless of the type, closed or un-sealed, to ensure that the item contained is of a certain quantity.
Applicability for Packer Registration
Rule 27 allows for two types of licenses:
- Packer and
- Importer.
The rule states that the registration is available to anyone who packs or imports any product to be delivered or sold.
Timeframe for filing application
The Application shall be made before the Director/Controller of Legal Metrology. It shall be made within ninety days from the date on which he or it commences such pre-packing/importing
Form and Manner to applying for Packer registration
Each applicant shall make an application for registration to the Director/Controller, as the case may be with the following information:
a) Applicant’s name
b) The complete address of the premises where the applicant carries out the import or pre-packing of one or several goods
Here, “Complete address” means the factory’s address. In other cases, provide the city name, the number (if there is one) attributable to the location of the packer or Manufacturer or the city or state in which the packer or Manufacturer conducts the business and the Postal Index Number Code.
(c)The title of the product or other commodities pre-packed and imported by the requestor.
Alongside the above specifics about the import of goods and details of countries where the products are imported must be disclosed in the case of the need to register as an importer.
A shorter address is permitted when the Controller/Director is satisfied that address is enough to allow the consumer or other person to identify the Manufacturer, Manufacturer, or the packer.
The Application and supporting documents must be submitted with the fee of Rs. Five Hundred. Following the verification of the Application and the required documents, the Controller or Director issues the Certificate of Registration in the event of a dispute. It will be issued with the designation of “packer” Importer.
Process for Packer Registration
Department of Legal Metrology issues Registration Certificates to all Packers, Manufacturers, and Importers for any product packages. These Registration Certificates have a certain validity. However, in case of modification, the licensee needs to apply for Amendment of Certificates.
The process to get a Packer registration is mentioned below-
- Register / Create an Account for Online Application
- Login With Valid Credentials
- Select the most appropriate License Type under the ‘Apply for New License the link
- Fill in the Online Application Form
- Upload the required Documents
- Tap on the Preview tab To Verify & Confirm The Application Form
- Submit The Application
- Tap on the Preview to secure the Printout Of Submitted Application Form
- Submit self-attested photocopies of the uploaded documents and Application Forms by going to the appropriate office
- A concerned officer will visit the area for an inspection on the spot.
- After everything is in order and everything is in order, the licensee will have to pay a new license fee.
- Obtain The Electronic Copy of the License
Note- Any change on the registration certificate should be made known to the Registrar in writing with a charge of one hundred rupees.
Offences and Penalty related to Packer registration
Whoever violates the rules 27 to 31 is punished with a fine of four thousand rupees. If a corporation infringes, each director or the responsible person will be held accountable differently.
It is important to remember that registration under Rule 27 is obligatory for all “pre-packed goods.” Outside of the meaning given within the Legal Metrology Act 2009[1], there is no clear definition of the word. Although several High Courts and the Supreme Court have tried to interpret the term using various Judicial Precedents, a lack of clarity in this respect continues to prevail among businesses and entities that are not in compliance with the conditions in these rules.
Conclusion
In a nutshell, there are various business operations to go through measurement and weighing for excellent performance. It is necessary for every person who pre-packs to get Packer registration.
Read our Article:Rule 27 of Legal Metrology (Packaged Commodities) Rules, 2011
