Legal Metrology Offences

 

1. Offences under legal metrology are committed by the manufacturer, importer, Packer, or seller of the commodity.

The Validity Period of Different Weights & Measures Under Legal Metrology

While considering the Legal Metrology Rules the government has created four quarters for the facility for the traders and searched four quarters:

Hints to Consumers While Buying Commodities

 

1. If the consumer has any doubt about the correctness of weights and measures used by any trader or industrial establishment, then he should look for the seal of verification stamp of the department and demand a copy of the certificate of verification issued by the legal metrology department. If the consumer is still not satisfied, then he may contact the enforcement officer in the area of jurisdiction.

Control of Legal Metrology Department on Manufacturing Unit

 

The department of legal metrology has control over the manufacturer, seller, and dealer, of weights and measures, weighing and measuring instruments. It is the power of the legal metrology department to issue the LMPC license to the manufacturer, packer, and importer of the commodity. Legal Metrology Department has control over the following:

The Legal Metrology Department and Its Functions

Introduction

The one who keeps an eye on the businesses, Legal metrology for e-commerce websites, LMPC manufacturers, packers, and sellers of the commodity is the legal metrology department. 

Legal Metrology Office in Goa

All the states of India have offices of Legal Metrology in their respective states. The officers of Legal Metrology, such as the controller of legal metrology, inspector, etc., keep an eye on the manufacturer, importer, or packer of the commodity, checking out whether they are following the rules and regulations of the act and making proper compliance with the act.

States Provide Suggestions for Decriminalization of Offenses Under Legal Metrology

 

1.  Union Minister Mr Piyush Goyal has addressed a workshop on the decriminalization of offenses under legal metrology by states. 

Graded Penalties Under Legal Metrology by the Central Government

 

1. On May 9th, 2022, the central government created penalties for minor offences committed under the act by the offender for the very first time.

Legal Metrology Department Seized Product in Goa

1. On February 2, 2022, a surprise inspection and various raids were conducted by the legal metrology department in various parts of Goa. During that surprise inspection and raids, several shop products and units were seized by the Legal Metrology department due to the non-compliance of the act, improper declarations made on the packages, and considering other factors. 

LMPC Inspection of Errors & Quantity in Package

1.  Inspection of errors and quantity in a package is done as per the Legal Metrology Act.

Legal Metrology department- Notice to E-commerce Firm

1. In 2021, the government sent approximately 183 notices to e-commerce firms for violating this provision by not mentioning the country of origin on the website. A heavy fine has been imposed on the e-commerce firms for false offenses committed by them.

BIS and LMPC Certificate

Introduction

The BIS certificate and the LMPC certificate are provided to the manufacturer, importer, or dealer of the commodity. It provides authority and provides permission to the manufacturer or importer of the commodity to sell the commodity to the customers. Obtaining the certificate ensures compliance with the act and protects the interests of the consumer.

Importance of Legal Metrology Registration for Business

LMPC registration plays an important role for every business or trade that deals in weights and measures, or pre-packaged commodities in the Indian market. It is important not only for the manufacturer, importer, packer, or seller of the weights and measures, or pre-packed commodities; it also enhances the scope and power of the business or trade in the Indian market.

Provisions for Legal Metrology Declarations

Legal Metrology packaging rules provide the various provisions related to declarations to be made on the packaging of the commodity. The act provides the various rules and guidelines related to the declarations on various kinds of commodities by the manufacturer, importer, packer, and seller of the commodity. It tells how the declaration on the package has to be made in a certain form. All such provisions of the declarations are given below.

The Silent Feature of Weights and Measures Under LMPC

 

1. Establishment of weights and measures based on SI units, as adopted by CGPM and recognized by OIML.

Weights and Measures Under Legal Metrology

Legal Metrology Weights and measures act established and enforced standards of weights and measures to regulate trade and commerce in weights and measures. The act also deals with the other goods which are sold or distributed by weight, measure, or number.

Inspection of Documents for LMPC License Renewal

The Legal Metrology Act lays down the procedure for submitting the documents. Any manufacturer, repairer, or dealer who wishes to deal in weights and measures has to submit the documents. 

NIRYAT Launched By Prime Minister Narender Modi for Foreign Trade

The Prime Minister announced the NIRYAT portal to analyse import-export data, provide stakeholders with convenient access to foreign trade information.

On Thursday, June 23, Prime Minister Narendra Modi announced the NIRYAT platform, which will only deal with India's import and export analysis. After unveiling the platform prime minister said that the government has created NIRYAT, or the National Import-Export Record for Yearly Analysis of Trade, to give essential real-time data to all stakeholders. 

Proposed amendments to decriminalize the Legal Metrology Provision

Certain amendments have been proposed to decriminalize the provision of legal metrology, and those proposed amendments include the following areas:.

Punishment for use of False Weight or Measure Under IPC

These disputes are majorly handled by the legal metrology officers of the legal metrology department. But the dispute, which arises because of the use of the wrong weight and measure and with the intent to cheat the customer, is under the IPC and the trial of such offenses is initiated in the court of the magistrate. 

Legal Metrology Act, Decriminalization

There is a need to consider the decriminalization of Legal Metrology as it has a characteristic Civil nature. There is a proper criminal procedure laid down for the criminal matters but in the case of Legal Metrology the criminal procedure for investigation, arresting and FIR is different and more like of civil nature. 

Online License Renewal Under Legal Metrology

Every manufacturer or importer has the LMPC license while dealing in weight and measure in the Indian market. However, the license is valid only for a certain time. Every importer or manufacturer has to get their license renewed from the respective authority, and the renewal of the license takes place from time to time whenever the expiry date of the license is near. There is a certain procedure to get the license renewed through the online mode, also known as the online renewal of a license under the legal metrology act.  

How to Apply for an Online Renewal of a License?

There is a specified procedure given for the renewal of the license. The very first step for the applicant, who can be the manufacturer or importer of the commodity, is to apply for the renewal of the license, and the procedure of renewal is given in the following steps:  

1. The very first step for the applicant is to fill out the application form, which is provided on the portal of legal metrology of the state government. 
2. Attach all the documents required to get your license renewed under legal metrology. 
3. On display, the acknowledgment number of the application tracking will be shown. You have to note that acknowledgment number for future reference and after that, 
4. The last step is to submit the application form on the portal itself. 
   
   

In the case of auto-renewal, the license will be issued immediately upon the payment of the necessary fee. 

Documents for Renewal of a License 

As we have mentioned above, in these steps of the online renewal procedure, the applicant has to submit the relevant documents required to get his license renewed. All such required documents to be submitted by the applicant are given below:  

1. Copy of certificate of approval of models  
2. Certificate copy of the approval of models by the Government of India  
3. Identity proof, such as pan card voter ID card, identity documents, etc. 
4. Labor license 
5. Original license 
6. Records of weight and measures 
7. The Register of weights and measures 
8. Ownership documents such as lease agreements, leave and license agreements, ownership documents of the premises, and lease deeds.  
   
   

All the documents mentioned above are necessary for the applicant to keep them handy so that, without wasting time, he will fill out the application form and submit all the required documents on the portal of legal metrology to get the license renewed. 

Declarations for License Renewal 

While getting the license renewed, every applicant has to make certain declarations to the legal metrology department after getting attached all the documents stating that the applicant certifies that he has read the legal metrology Act 2009 and the rules of legal metrology of the concerned state and that he agrees to the act and the rules of legal metrology of the concerned state and also agrees to abide by the administrative order or instruction issued or to be issued thereunder.  

The applicant should deposit the scheduled license as per the rules and regulations of the state and the guidelines under the act to the subtreasury or bank, and the original challan should be enclosed with the application.  

Read More: Power of Inspector of Headquarters of Legal Metrology

Legal Metrology Model Approval Fee

The Legal Metrology Act prescribed the fee for the model approval. However, the applicant even paid the fee through the online mode of payment and also pay the online fee for the laboratories for testing weight and measure, or weighing and measuring the instrument. 

For every kind of permission, approval, or renewal, the fee is still to be paid by the applicant as per the rules and regulations of the legal metrology act. Under the legal metrology department before taking the model approval or filing the application for the model approval, the applicant must check out their fee for such approval, and it is pertinent to mention that without paying the prescribed fee, the procedure for the approval will not move forward. 

The prescribed fee as per the act for testing mechanical types of models of weight and measures is Rs 10,000 and the prescribed fee as per the act for imported or manufactured for protection of measuring instruments is Rs 25,000. However, the application shall be deposited by the applicant with half of the testing fee for testing the substitute material. 

The Process to Obtain Model Approval 

There is a proper process to get the model approval by the manufacturer and this is important as there are two methods that differ from each other and totally depend on the fact that the applicant is the manufacturer or the importer. 

1. The applicant has to submit the application form along with the required documents. 
   
2. An applicant has to bring a sample of the product to the legal metrology department for analysis. 
3. The legal metrology department will conduct an inspection of the document submitted by the applicant. 
4. The inspection of the sample would be conducted by the Legal Metrology department. 
5. After completion of all the required steps and the inspection of all the documents as well as the sample, if the Legal Metrology department and the officer of the Legal Metrology department deem fit, then he may grant the model approval to the applicant who can be the manufacturer or importer of weight and measure  
6. As per section 22 of the Legal Metrology Act 2009, the legal metrology department issued the model approval to the applicant. 
7. The office of the legal metrology department is located in Delhi, and the standard application process involves sample testing, application filling by the applicant, and document submissions by the applicant. 

After completion of all the above steps, the applicant will receive the model approval of waiting measures. 

Legal Metrology for E-Commerce

1. E-commerce entities are incorporated under the Companies Act 1956 and the Companies Act 2013. However, foreign companies are covered under clause 42 of section 2 of the Companies Act 2013. Buying and selling commodities, goods, and services on the platform of an e-commerce portal are known as the e-commerce business.
   
   

Components of Specifications of Standards

The legal metrology of packed commodities provides an important role in protecting the interests of the consumer and the public at large, whereas in order to make more accuracy in the commodities and the packages of commodities, it is necessary to make them clearer and specify their components on the packages so that no fraud will take place in the market. 

LEGAL METROLOGY PENALTIES

 

TYPES OF PENALTIES UNDER LEGAL METROLOGY ACT 

There are numerous types of penalties in chapter five of the legal metrology act given below: 

Alcohol Beverages Declarations

 

The sale, advertisement, and consumption of alcohol are permitted in India with certain restrictions. The laws and rules in regards to alcohol deal with the custom and exercise duty and the declaration mates on the bottle and packages of the alcohol deal with the Legal Metrology act. 

WHAT IS THE IMPORTANCE OF LMPC DECLARATIONS ?

 

Declarations made on the pre-packed commodities are very much necessary because it is just not important only for the customer but also for the manufacturer, importer, packer, and the Indian market. 

MODEL APPROVAL OF IMPORTED GOODS

 

Approval of the model of imported goods under Legal Metrology is of two ways which include services for Non-Weight and Measuring instruments under which the registration of Packer or manufacturer is done and the registration for Legal Metrology packed commodities certificate is covered for the importer. 

Manufacturer Registration under Legal Metrology, Rule 2011

 

The main provisions for the manufacturer to get himself registered are given under Chapter 6, rule 27 of the Legal Metrology Act Rules, 2011. Any person or firm that manufactures packaged commodities is a manufacturer.