An Overview of Legal Metrology Kerala
The Government of India has introduced the Legal Metrology Act to maintain business transparency & clarity and to defend consumer rights. This Act aids in the management & reduction of weight & measurement inaccuracies. Legal Metrology Standards in India are implemented by the Government of India, Department of Consumer Affairs under MCA (Ministry of Consumer Affairs). While this Act 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 adjustment. In Kerala, it is necessary to obtain Legal Metrology Kerala to overcome such issues, as we discussed above.
Benefits of Legal Metrology Kerala
Following are some benefits of Legal Metrology Kerala:
- Reduces the Transactions Cost: Reviewing bad measuring practices is time-consuming and expensive, and it may have an impact on both customers & enterprises. Also, bringing legal action against a trader who has the bravery to violate measurement laws is highly expensive. However, when measurements are performed correctly as per all the requirements of the Legal Metrology Act, cost & time are reduced.
- Increase Customer Confidence: When the customer realises they are getting a verified product under certain rules & regulations, it will automatically increase customer confidence.
- Getting Government Funds: The Government collects money from excise duties on various things which are manufactured, imported, sold, and exported as well as taxes on measurements. When it comes to paying taxes, the Legal Metrology Act ensures that neither businesses nor Governments are treated deceitfully.
- Lessen Trade Barriers: This Act eases the burden of technical restrictions & improves measuring clarity & confidence. Fewer barriers boost confidence and encourage citizens to participate in the international commercial system, resulting in increased national economic growth.
- Trade Support: This Act is accountable for controlling any illegal & unfair trade practices, and it aims to ensure that measuring instruments are intact in a particular state (Kerala) so that they can serve their intended purpose & meet global standards.
Documents Required for Legal Metrology Kerala
- List of Documents that the Manufacturer Requires in Kerala to obtain Legal Metrology Kerala:
- Latest photographs of the applicant or partners;
- Id and address proof of the applicant or partners;
- Dates of Birth proof of the applicant or partners;
- Location on the map;
- In case of a Partnership Firm, submit Partnership Deed;
- Ownership documents of the proposed premises;
- Model Approval Certificate;
- List of machinery & tools;
- NOC from Pollution Control Board (PCB);
- Affidavit declaring that the applicant would follow the legal provisions & the Controller's instructions;
- Affidavit declaring that the applicant has never been convicted of a crime and currently there are no criminal proceedings pending in any court;
- Registration document of Shop & Establishment or Factory or Municipal Trade License, as the case may be;
- Copy of GST Registration Certificate;
- Copy of PAN.
- List of Documents that the Repairer Requires in Kerala to obtain Legal Metrology Kerala:
- Identity proof;
- Latest 2 passport size photos;
- Industry Registration Certificate;
- No Objection Certificate from Competent Authority;
- Lease Agreement of Premises or Document proof of Ownership;
- In the case of Partnership or Sole Proprietorship, the constitution must be followed. In the case of a Company, a Certificate of Incorporation, MoA (Memorandum of Association) and AoA (Articles of Association) are required;
- List of machinery and tools along with purchase invoice;
- GST Registration Certificate;
- Professional Tax Registration Certificate;
- Employee copies of appointment letters along with photos, experience & qualification certificate, if any;
- Test weights purchase bill in case of new Verification Certificate;
- Valid Labour License.
- List of Documents that the Dealer Requires in Kerala to obtain Legal Metrology Kerala:
- Residential and Identity Proof;
- Two latest passport size photos;
- Consent Letter from the Manufacturer who wants to appoint you as a Dealer;
- Manufacturing License if you aimed to import weights & measures from outside the State;
- Model Approval Certificate of weights & measures to be dealt with;
- Documentary proof of ownership or Lease Agreement of Premises;
- GST Registration Certificate or Labour License or Professional Tax.
Instructions for Registration of Legal Metrology Kerala
Following are some guidelines for the registration of Legal Metrology Kerala for traders to follow throughout the import or export of products. Section 47 of the Standing of Weights & Measuring Act, 1976 covers weight measurement:
- Application for underlying registration in the name of the organisation and re-establishment of registration of importer or exporter of weight/measure must be directed through the Controller of Legal Metrology of Kerala;
- The list of items for weight OR measure is defined in the General Rules, and only those things are registered;
- In case something is missing, return it to the Controller of Legal Metrology within 7 days of receiving it along with the notice to the applicant;
- If the application is incomplete in every way, the Registration Certificate will be issued to the applicant within ten days after receipt under the supervision of the Controller of Legal Metrology.
Penalties for Non-Compliance of Legal Metrology Kerala Registration
Registration with the Controller of Legal Metrology of Kerala or the Director of Legal Metrology of packers, producers, and importers is mandatory. Infringement of which will lead to a fine of Rs. 4000/-. If the standard units are not used for the declaration, a fine of Rs. 2000/- or Rs. 4000/- will be imposed depending on the case.
Penalties may be further extended to Rs. 25,000/- for the 1st offence of non-declaration, Rs. 50,000/- for the 2nd and maybe further extended to Rs. 1 lakh or jail or both for subsequent offences. For different offences, there are several other penalties prescribed under the Act.
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