Legal Metrology

Section 19 under Legal Metrology Act, 2009 – Non-Registration by the Importer of Weight or Measure

calendar15 Apr, 2023
timeReading Time: 4 Minutes
Non-Registration by the Importer of Weight or Measure - Section 19 under Legal Metrology Act, 2009

The Legal Metrology Act of 2009 regulates the accuracy of weights and measures in India. The Department of Consumer Affairs defines and implements the Legal Metrology Standards of India. The Legal Metrology Act of 2009 is enacted to regulate the weights and measures of India according to international standards. Each Indian state can accept the Act with or without modifications. The Legal Metrology Act ensures best trade practices and consumer benefit by assuring correct weights and measures. So the Section 19 under Legal Metrology Act, 2009 ensures the registration of the importers.

What is Section 19 under Legal Metrology Act, 2009?

Section 19 of the Legal Metrology Act, 2009 ensures the registration of importers involved in the weight or measure business. According to Section 19 of the Legal Metrology Act, no person shall import any weight or measure unless the business is registered with the director of the Legal Metrology department for importing weight and measures with payment of proper application fees as prescribed in the Act.

Who Needs Legal Metrology Registration?

The following persons or business requires the LM Registration

  • Importing/Manufacturing/Packaging of Packaged goods registration
  • Importing Weights and Measurements registration

Importing/Manufacturing/Packaging of Packaged Goods Registration

Every pre-packaged commodity importer, retailer, or packer must register themselves under Rule 27 of the Legal Metrology (Packed and Commodities) Rules, 2011. The registration can be done with the Federal or State Government’s Director of Legal Metrology, where the verifications and license are provided. These registration processes apply throughout the country, regardless of where the registration is done.

Importing Weights and Measurements Registration

As per the rules, section 19 under Legal Metrology Act, 2009 provides procedures to register themselves to obtain the license to sell or import weights and measurements.

Section 19 under Legal Metrology Act, 2009

According to sec.19, no person, whether importer, retailer or manufacturer, has the power to import any weight or measure unless the business has registered themselves with the director of the Legal Metrology department in an authorized manner with required fees. Suppose a person or the business engages in the activity of importing any weight or measurements without being registered under the Act. In that case, the person or the business shall be fined up to Rs. 25000 for the consecutive crime, and the respective person or owner can be imprisoned for up to 6 months.

Instructions for Registration – Section 19 under Legal Metrology Act, 2009

The following are some registration guidelines for traders or importers to follow throughout the import of weights and measures. Section 47 of the Standing of Weights and Measures Act, 1976[1], covers weight measurement procedures.

  • There are specific general instructions that the applicant has to follow while applying for the registration for weights and measures. The application should possess details such as the organization’s name for which the license is obtained and all the relevant documents and applied to the controller of Legal Metrology of the State/UT, along with a request draught for Rs. 10/- for “Pay and Accounts official” D/o Consumer Affairs, New Delhi.
  • The list of things for weight or measure defined in the General Rules of Standard Weights and Measures Act are the only things that can be registered.
  • If any of the weights and measures documents are missed, then the Controller of Legal Metrology can return it within 7 days of receiving it by giving notice to the applicant.
  • Suppose the application is complete with all the relevant documents. In that case, the registration certificate will be issued to the applicant within 10 days after receipt under the supervision of the controller of Legal Metrology.

Procedure for Registration in Section 19 under Legal Metrology Act, 2009

  • The general procedure for registration of weights and measurement is defined under Rule 15 of the Legal Metrology (General) Rules, 2011. The Schedule XII of the Rules explains the cost structure for the registration, whereas the 10th Schedule explains the application format.
  • Importing standard weights and measures, or any part, is possible.
  • The producers and merchants are mandated to register as importers with the Director of Legal Metrology, GOI.
  • The application must be filed before the Director of Legal Metrology department in the required form per the Act. The application should be submitted at least 1 month before importing the weights and measures, together with the statutory charge of Rs.100. The Controller will send the application along with a report on the importer’s predecessors and technological capabilities after reviewing the application.
  • Once the registration is done, it is valid for 5 years and can be renewed per business needs.

Read Also: Section 15 under Legal Metrology Act, 2009

Documents That Mandate Registration

The following documents are mandated for registration in section 19 under Legal Metrology Act, 2009.

  • Proof of applicant’s identity.
  • Two passport sizes photos of the applicant.
  • Certificate of Industry Registration
  • NOC from SCPB, if required
  • Documentation of business premises / Lease Agreement.
  • In sole proprietorship or partnership, the constitution certificate is necessary.
  • In the case of a company, a copy of the Articles of Association (AOA) and Memorandum of Association (AOA) and a certificate issued under the Companies Act are required.
  • Copies of appointment letters of the employees with photographs
  • List of machinery, tools, and accessories with invoice sheet.
  • In the event of a new verification certificate, a purchase bill for test weights is required.
  • Certificate of GST Registration
  • Certificate of Professional Tax Registration
  • A labour licence is required.

The Benefits of Registration Section 19 under the Legal Metrology Act, 2009

The registration of importers under the legal metrology framework builds trust in trade, industry, and among buyers, creating a conducive environment for conducting business.

  • The trader with correct weights and measures ensures the nation’s economy by increasing income.
  • The proper and accurate weights and measurements reduce revenue losses in the industries that use weights and measurements, such as mining, railways, etc.
  • Limit the amount of loss and waste in the infrastructure and instrumentation industry.

Thus, the activity of Legal Metrology is essential for the business as well as the growth of the nation. The Executive Legal Metrology is a nodal agency with powers and responsibilities relating to the interstate trade and business of weights and measures, including pre-packaged products, as defined by the Legal Metrology Act, 2009. The controlling authority’s primary responsibilities are regulation, enforcement, research, and the ability to conduct specialized field investigations, searches, seizures, workplace enlistment, and indictments.

Conclusion

The Legal Metrology Act establishes specific norms and regulations for selling and distributing weights and measures. This Act also specifies the procedures to be followed while importing the weights and measures. To run the business smoothly and efficiently, you’ll need to set up a consumer and buyer rights protection system and to do so. The business must register in section 19 under Legal Metrology Act, 2009.

Read Our Article: Penalties Under Legal Metrology Act – An Overview

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