Overview of legal metrology packaged commodities (LMPC) registration

The legal Metrology Act, 2009 is responsible for establishing and enforcing standards of weights and measures, regulating the trade and commerce in weights, measurements and other goods which are sold or distributed by the medium of weight, measure or numbers. This Act is applicable for whole of the country. The Registration under the Act may be called as Legal Metrology Registration or Legal Metrology Packaged Commodity (LMPC) License.

Any dealer of the commodities, measured by weight, measurement and number is required to get himself registered under the Legal Metrology Act. The business as specified under the law includes buying, selling, supplying or distributing the commodities by any such weight or measure, either in cash or for deferred payment or for commission, remuneration or other valuable consideration. The business may be conducted by a commission agent, an importer, a manufacturer and includes selling, supplying, distributing or otherwise delivery of any weight or measure.

The Act of legal Metrology applies on every pre-packaged commodity. The international units of measurement shall be followed which indicates the following base units:

(i) length - metre;

(ii) mass - kilogram;

(iii) time - second;

(iv) electric current - ampere;

(v) thermodynamic temperature - kelvin;

(vi) luminous intensity - candela; and

(vii) amount of substance - mole.

Prohibitions under the Legal Metrology Act:

A person shall not manufacture, repair or sell, or offer for repair or sale, of any weight or measure unless he/she holds a valid LMPC Certificate as issued by the Authority.

Provided that a manufacturer shall not require any Legal Metrology licence to repair his own weight or measure in a State other than the State of manufacture of the same.

Legal Metrology Standards in India are defined and implemented by the government of India, Department of Consumer Affairs under the 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 individual State in India has the right to implement the Act with or without adjustments. Moreover,  a couple of states have approved their own Act to manage the issues and matters identified with Legal metrology.

Benefits of LMPC Certificate under the Legal Metrology Act

Measurement plays a crucial role in day to day trade practices. The demand for effective trade is that it should be  transparent and must create a balance between the traders and consumers. Some of the noted benefits of LMPC certificate can be listed as below:

1. Reduction in Transaction Costs

Use of poor measurement practices often proves to be a costly and time-consuming affair. The negative effect is on both- the businesses as well as the consumers. In the matters of poor measurement practices, the cost may be very high in terms of long court cases and legal battles. It will also hamper the goodwill and stability of the business. But when measurements are done accurately and correctly, following all the norms of the Legal Metrology Act, it results in a reduction in cost and time.

2. Supporting Trade

Legal Metrology Act is responsible for controlling any unlawful and unfair trade practices. This Act aims to make sure that measuring instruments are intact and in a good working condition so that they can serve their intended purpose and meet international standards.

3. Collecting Government Revenue

The government collects its revenue through excise duties imposed on products produced, sold, imported and exported and via taxes levied on measurement. Legal Metrology Act ensures that no injustice is done to both the government and business in the payment of tax. The margin created by a 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.

4. Reduces Technical Barriers To Trade

Legal Metrology Act reduces the burden of technical barriers and promotes confidence and clarity of measurement. Fewer number of barriers increases the nation's morale and encourage them to participate in the global trading system, increasing the national economic growth. With the help of the Legal Metrology Act, a trader can avoid useless barriers in the process of adoption, application of technical regulations, standards and conformity assessment procedures.

5. Build Consumer’s Trust

As soon as the customer realizes they are receiving a product verified under certain rules and regulations, it will boost up their trust in the businessman, ultimately leading to a healthy trading relationship.

Importer Registration under Legal Metrology (General) Rules, 2011:

Import means to bring into India any product from outside India, and the person who carries out import is called an importer. There is a provision of mandatory registration for an importer of weighing and measuring instruments under Legal Metrology (General) Rules, 2011. The application must be submitted to the Director or Controller of the central Metrology Department, New Delhi.

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 Concerned Authority and holds a valid LMPC Certification.

Section 38

If any individual indulges in the activity of importing any weight or measure without being registered under the Act, then a fine shall be imposed on such person, which may extend up to Rs 25000 for the second or subsequent offence, and with an 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 the fee payable is described in the Twelfth Schedule, and the format related to the 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 five years and is renewable as well.

Documents Required for LMPC Certification

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 a copy of Article of Association and Memorandum of Association.
• Employee Copies of Appointment Letters with photographs, Qualification and Experience  Certificate, if any;
• Machinery, 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.

List of Documents for Dealer in Weights and Measures:

• Identity & Residential Proof.
• Two Passport size.
• Letter of Consent from the Manufacturer who wishes to appoint  you  as a Dealer
• Manufacturing Licence if you intend to import weights & measures from outside the State.
• Model Approval Certificate of weights and measures to be dealt with.
• Documentary proof of ownership / Lease agreement of Premises.
• GST Registration / Professional Tax / Labour Licence

Important Guidelines for LMPC Certification

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 the Standing of Weights and Measures Act, 1976.

• Application for the underlying registration shall be made along with a fee of Rs. 100/ - in the favour of "Pay and Accounts official" D/o Consumer Affairs, New Delhi.
• General Rules under the LMPC Act defines the list of items for weight OR measure, and registration shall be done only for those items.
• In case of incomplete application, the Controller of Legal Metrology shall return the same within seven days of receiving the application.
• If the application is complete in every respect, then the Controller shall grant the LMPC certificate to the applicant within ten days of receiving the application.

Why your business needs Legal Metrology Act Registration?

There are certain rules and regulations that the Legal Metrology Act defines related to the selling and distribution of packaged products. This Act also provides the guidelines to follow during the import and export of pre-packaged goods. If you want your business to run efficiently and smoothly you need to set up a consumer and buyer rights 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.

Why Corpbiz?

CorpBiz has a dedicated team of Regulatory and compliance professionals who can help to provide end to end service for obtaining Licenses. We have a team of expert and experienced professionals to ensure that our clients get top-line services regardless of lengthy compliance procedures. We provide on-time delivery of government licensing and Registration. Facilitate comprehensive support throughout the Registration process and licensing process.