Legal Metrology Packaged Commodity
Anyone who imports pre-packaged commodities or goods in India must take LMPC Registration Certificate before importing any pre-packaged goods or commodities in India under rule 27 of Legal Metrology Packaged Commodity rules of Department of Consumer Affairs. The registration must be applied within 90 days from the date when the import has been started.
Under the packaged commodity rules, certain mandatory declaration like country of origin, manufacturer name and address, importer address, month and year of manufacturing, month and year of import etc. has to be made. The scope of declarations to be made on pre-packed commodity varies from product to product; say declarations to be made on food products will be different from the non-food items. Multifaceted Solvere Inc. is a higly recoginesed LMPC Importer Certificate Registration Consutltant in India. For LMPC Registration / Importer License Approval, please contact us: Mobile: +91-8800189338, Email: email@example.com
There are number of business operations that need to go through measurement and weighing for the better performance. To solve this problem the government has brought together an Act called “Legal Metrology Act”. The main objective of this act is to have transparency and clearness in the business, the act also defends the right of the customers. Legal Metrology Act supports in handling and decreasing the ill effects of weight and measurements mistakes. It clearly outlines weighing and measuring devices, units, standards and necessary requirements with a purpose of safeguarding public guarantee from correctness and safety perspective of the weights and measurements.
“An Act To Establish And Enforce Standards Of Weights And Measures, Regulate Trade And Commerce In Weights, Measures And Other Goods Which Are Sold Or Distributed By Weights, Measure Or Number And For Matters Connected Therewith Or Incidental Thereto.”
Legal Metrology Standards in India are well-defined and applied by the government of India, Department of Consumer Affairs under Ministry of Consumer Affairs, Food & Public distribution. Though the Legal Metrology Act, 2009 offered under central jurisdiction has been established as a model act, every state in India has a willpower to accept the act with or without changes. Some states have implemented their own act to manage the concerns and matters recognized with appropriate metrology.
Measurement has a crucial role in the business practices. It is the need of the effective trade to be crystal clear and maintain a sense of balance between the sellers and buyers.
Reducing Transaction Costs
Every so often having poor measurement exercise proves to be expensive and more time consuming. Such practices affect both the sellers and buyers. Actually starting any legal action against a seller who indulges in breaking the measurement laws is also very difficult. However when measurements are done correctly and exactly abiding by all the rules of Legal Metrology Act it surely results in decrease of time and cost.
Supporting and Promoting Trade
Legal Metrology Act is accountable to control any illegal and dishonest trade practices. The objective of this act is to ensure that measuring instruments are intact and in good working condition so as to they can serve their intended purpose and abide by international standards.
Taking Government Revenue
Government takes its revenue through excise duties levied on products manufactured, sold, exported and imported and also via taxes imposed on measurement. Legal Metrology Act guarantees that no injustice is made to both the government and traders in the matters pertaining to payment of tax. The quantity of mass items can be a huge part of both export and nationwide pay particularly in goods, for instance, rice, timber, coal, iron-mineral, coffee, palm oil, natural gas, gold and jewels.
Reducing Technical Barriers in Trade
Legal Metrology Act diminishes the load of technical obstacles and infuses confidence and clarity in measurement. Less number of obstacles escalate the self-esteem of the nation and encourage them to partake in the international trading opportunities which results in the increased national economic growth. The Legal Metrology Act helps a trader avoid useless barriers in the process of application of technical regulations, adoption of standards and conformity assessment procedures.
Building Consumer’s Trust
Once the customers realize they are getting a product verified under certain rules and regulations it boosts their trust in the seller which eventually results in strong trading bond.
List Of Documents That Manufacturer Require:
» Proof of the Date of Birth of the applicant / partners.
» Photographs, Identity proof and address proof of the applicant / partners.
» Location of map.
» Ownership or rent document of the proposed premises.
» The model approval certificate issued by the Director, Legal Metrology, Government of India, if required under Legal Metrology General Rules, 2011 in regard to the proposed weighing and measuring instrument.
» Partnership deed, in case the entity is a partnership firms.
» List of all the machinery and tools.
» No Objection Certificate (NOC) from pollution control Board, especially businesses situated in Taj Trapezium zone.
» An affidavit stating that applicant had neither been punished by any Court nor has he any criminal proceeding pending against him in any court of law.
» An affidavit stating that applicant(s) shall adhere to the Legal provisions and the directions issued by the Controller.
» Copy of GST/ VAT/CST Registration.
» Registration document of establishment/municipal/factory/shop or trade license, as the case maybe.
» Copy of PAN.
» Two Passport size.
» Identity proof.
» NOC from Competent Authority.
» Certificate of Registration of Industry.
» Copy of Constitution in case of proprietorship / partnership firm. In case of a Company, Certificate of Incorporation under Companies Act along with copy of Article of Association and Memorandum of Association.
» Document proof of Ownership / Lease Agreement / Rent Agreement of Premises.
» List of machineries, tools and accessories with purchase bill.
» Copies of Employee Appointment Letters with Photographs, Qualification and Experience Certificate, if any.
» GST Registration Certificate.
» In case of new Verification Certificate, Test Weights Purchase Bill.
» Valid Labour License.
» Professional Tax Registration Certificate.
A copy of Identity & Residential proof.
Two Passport size photos.
Letter of Consent from the Manufacturer who intends to appoint you as a dealer.
Manufacturing Licence in case you intend to import weights & measures from outside of the state.
Model Approval Certificate of weights and measures in concern.
Document of ownership proof / Lease agreement / Rent agreement of Premises.
Labour Licence / GST Registration / Professional Tax.
Accuracy and precision plays a crucial role in measurement. An open and proficient legal metrology framework encourages trust in trades, industry and consumers and creates willing to agree condition for leading trade by way of (a) Obligation to the economy of the nation by growing the income in diverse divisions. (b) Playing an important role in decreasing the revenue losses in the mines, coal, railways, industries, petroleum. (c) Reducing the extent of loss and wastage in the infrastructure sectors. Subsequently, the work executed by the Legal Metrology, is essential to the public interest. Administrative, Legal Metrology is a statutory authority with rules and duties laid under the Legal Metrology Act, 2009 pertaining to the inter-state trading and business of weights and measures including pre-packaged commodities. Director, Legal Metrology is similarly accountable for enacting standards of Legal Metrology and keeping up distinguishability of Standards classifying with Legal Metrology Act. The indispensable duties of the Director are in the form of Regulation, Enforcement and Research. Entrusted with Regulation and Enforcement abilities to attempt specific field investigations, enlistment of workplaces, look, seize, and impelling indictments.
LMPC Guidelines for the Registration
The guidelines that traders should follow for the registration during the import / export of goods / commodities. Guidelines cover measuring of weight under Section 47 of Standing of Weights and Measures Act, 1976.
Application for the underlying registration of name in the organization's name reestablishment of registration of exporter/importer of weight or measure is to be steered through the controller of Legal Metrology of State/UT in which the exporter/Importer is arranged alongside request draft of Rs. 10/ - for "Pay and Accounts official" D/o Consumer Affairs, New Delhi.
Legal Metrology Rules define the list of items for weight or measure hence registration application shall be accepted only of those items.
» Under Intimation to the Applicant, if it is found incomplete then send it back to the Controller of Legal Metrology within 7 days of receiving application.
» If the application is complete in every aspect then the registration certificate is granted to the applicant within 10 days of receiving the application under imitation of controller of Legal Metrology.
Under Legal Metrology Act 2009, registration is done in the following case:
Case 1. LMPC Registration for importing / manufacturing or packing of packaged commodities.
Rule 27 of the Legal Metrology Rules (Packed and Commodities), 2011, makes registration mandatory for every manufacturer, importer or packer of packaged commodities. The registration shall be done with the Director of Legal Metrology of Central government or with the Controller of Legal metrology of the state where the importing takes place or pressing is done. However, it does not matter where the registration is done, the following conditions are applicable for the entire country.
Case 2. LMPC Registration for importing weights and measures.
Section 19 of the Act
That no individual or company has the permission to import any weight or measure, if he is not registered with the director in the specified department and has not made payment of fees, as specified.
If any individual or company indulges in the activity of importing any weight or measure without being registered under the Legal Metrology Act then a fine of up to Rs. 20000 will be imposed on the person or the company which may extend up to Rs. 25000 for the second or perpetual offence, also with imprisonment for a term which may extend up to six months.
» Rule 15 of the Legal Metrology Rules, 2011, defines the procedure for registration. The payable fee structure is defined in the Twelfth Schedule and the format related to application is defined in the Tenth Schedule of the said Rules.
» Standard weights and measures or parts thereof may be imported.
» Producers or vendors will be required to enroll as an importer with the Director of Legal Metrology, Government of India.
» The application needs to be submitted in the specified form to the Director of Legal Metrology, through the State Controller, alongside the specified fee of Rs. 100 in any condition one month before the import. The Controller shall forward the application along with a report on prototypes and technical specification of the importer.
» The Registration is valid for 5 years and upon expiry, the same can be renewed as well.
Legal Metrology Act has defined certain rules and regulations related to retailing and distribution of packaged products. The act also draws the guidelines to follow in the import and export of goods / packaged commodities. To run a business competently and smoothly you need to build buyers and consumers rights protection system and so as to found a protection system you ought to abide by the act that describes the legal metrology and measurement system. In case, you fail to follow the rules specified in the legal metrology and measurement system (Act) then there are possibilities that you shall face hefty fines and punishment or both, which might affect your brand value and obstruct the growth of your business.