INTRODUCTION

Legal Metrology has been integral since ancient times, shaping decisions for everyday consumers, government traders, and industries. Accurate weights and measurements are crucial for economic stability and individual well-being. The Indus Valley civilization, or Harappan civilization, pioneered standardized weights and measures, with some precision reaching 1.6 mm. In December 1956, the Indian Parliament embraced this significance by enacting the Standards of Weights and Measures Act, effective from 1 October 1985.

The vast majority of individuals in India engage in consumption, whether it's purchasing clothing, food, fuel, or other goods. Making payments for utility bills instills confidence, as it ensures fair compensation for the services or products received, a testament to the effectiveness of measurements in this process.

WHAT IS LEGAL METROLOGY?

Metrology, as a scientific discipline, focuses on the study of measurement. Legal metrology plays a crucial role by establishing standards for the regulation of measurements and measuring devices. It serves a dual purpose of ensuring public safety, environmental protection, and safeguarding the interests of both consumers and merchants, thereby promoting fairness in trade practices.

According to the Legal Metrology Act of 2009, any packaged goods, including export items, food products, and consumer goods, sold or distributed in India must possess a Legal Metrology Certificate issued by the Metrology Department of Consumer Affairs.

With the progress of science and technology, significant advancements have occurred in weighing and measuring methods, thereby expanding the possibilities within the realm of weights and measures.

RULES SET UNDER LEGAL METROLOGY ACT

1. Legal Metrology (General) Rules, 2011- It encompasses approximately 40 various kinds of weighing and measuring apparatus, including electronic weighing instruments, weighbridges, fuel pumps, water meters, sphygmomanometers, clinical thermometers, and more. These devices undergo regular inspections by State Government officials utilizing Standard Weights and Measures, following the prescribed procedures outlined in the Rules.

2. The Legal Metrology (Packaged Commodities) Rules, 2011 -It oversees the regulation of pre-packaged goods in India and enforces specific labeling criteria before the sale of commodities. According to these regulations, certain declarations must be included on each package, including the following.

• Manufacturer/Packer/Importer's Name and Address

• Country of Origin for Imported Packages

• Common or Generic Name of the Commodity Enclosed

• Net Quantity, Expressed in Standard Units of Weight, Measure, or Number

• Month and Year of Manufacturing/Packing/Importing

• Retail Sale Price, Indicated as Maximum Retail Price (MRP) Rs..., Including all Taxes

• Consumer Care Information

3. The Legal Metrology (Approval of Models) Rules, 2011 - Under the Legal Metrology Act of 2009, the Central Government has established a regulation to outline standard measures or quantities and specify how pre-packaged goods should display affirmations and other relevant details.

4. The Legal Metrology (National Standards) Rules, 2011 -This regulation, set forth by the Central Government, delineates (i) the specifications of base units of measurement and mass, (ii) various standards, and (iii) the intervals for verifying compliance with these norms.

5. The Legal Metrology (Numeration) Rules, 2011 -This provision is established to standardize numerical representation and guidelines for writing numbers.

6. Indian Institute of Legal Metrology Rules, 2011 -The Indian Institute of Legal Metrology in Ranchi serves as the training center for imparting Legal Metrology training to officers from various states, union territories, and the central government, overseen by this department. Within these regulations, details regarding the courses offered at the institute, its mandatory functions, and the qualifications required for admission are outlined.

7. The Legal Metrology (Government Approved test Centre) Rules, 2013 -The Government Approved Test Centre (GATC) Rules dictate the approval process for GATCs established by private entities to verify specific weights and measures under the supervision of State Government Officers. These rules outline the weights and measures subject to verification at a GATC.

• Water meter,

• Sphygmomanometer,

• Clinical Thermometer,

• Automatic Rail Weighbridges,

• Tape Measures,

• Non-automatic weighing instrument of Accuracy Class-IIII/ Class-III (upto 150kg),

• Load cell,

• Beam Scale,

• Counter Machine

• Weights of all Categories.

LEGAL METROLOGY REGISTRATION

Anyone engaged in handling weighing and measuring instruments is required to register under legal metrology. This registration can be pursued in three capacities, namely:

1. Registration of Company -Any corporation involved in the manufacture, import, or packaging of weighing and measuring instruments must register under legal metrology.

2. Registration of Importer - Before exporting or selling weighing and measuring instruments in India, individuals must obtain a Certificate of Registration as an Importer of weights and measuring instruments. Only standard packed commodities are permitted for importation to India. This process includes registering the importer under the general rule, as well as registration of both the importer and packer (Packaging and warehouse registration), along with company registration under legal metrology.

3. Registration of Manufacturer, Importer, and Packers (Packaging and Warehouses) - In order to market goods in India, companies must obtain packaging and warehouse registration or renewals for product labels falling under the jurisdiction of Legal Metrology Certification. Additionally, products related to weight and measurement, such as weighing machines, require undergoing a five-stage registration process with the LM department.

• Model Approval

• Packaged Commodity Registration

• Import License

• Dealership License

• Stamping of products

Sample of a Grant licence for Legal Metrology

LEGAL METROLOGY LICENSES

A particular license is granted to each applicant based on the nature of their business activities. The types of licenses include:

1. Manufacturer license - This license is granted to manufacturers of weights and measures. The process for obtaining this license follows:

1. Initially, the application will be reviewed by the district nodal official, who will then forward it to the relevant Local Senior Inspector/Inspector (Legal Metrology Officer) based on the firm's location address.

2. The Local Senior Inspector/Inspector will conduct an inspection of the applicant's proposed premises and review the necessary documents to assess the manufacturing capability and capacity. A report and recommendation will be prepared and forwarded to the Controller (Licensing Authority) through Divisional Assistant Controllers.

3. Upon reviewing the application, the report from the Local LMOs, and accompanying documents, the Assistant Controllers will submit it to the Controller along with their recommendations.

4. If any significant issues are identified in the application, the Local Inspector, Assistant Controller, or Controller may raise queries or objections, which will need to be addressed by the applicant.

5. Once the Controller determines that the application is complete and suitable for granting a License, the applicant may be asked to submit the Rs. 500/- License fee to the designated HEAD OF ACCOUNTS.

6. Upon receipt of the fee and confirmation, the license will be issued in the prescribed format by the Controller's office.

DOCUMENTS REQUIRED FOR A MANUFACTURER LICENSE

1. Submit the applicant's photograph, along with valid identity and address proofs.

2. Provide documentation verifying the applicant's date of birth.

3. Furnish proof of ownership or tenancy for the proposed premises.

4. Include the partnership deed for partnership firms.

5. Prepare an affidavit affirming the applicant's commitment to comply with legal provisions and Controller's directives.

6. Submit an affidavit confirming the absence of any court convictions or pending criminal proceedings against the applicant.

7. Provide the registration document of the shop/establishment/municipal trade license, if applicable.

8. Include a copy of the GST registration.

9. Provide a copy of the PAN card.

2. Repairer License -A repairer is defined as an individual who performs cleaning, lubrication, adjustment, or painting on any weight or measure.

Those seeking a license as a weights and measures repairer must adhere to the following steps:

1. Complete the application using the provided format (LR-1).

2. The application will be initially reviewed by the district nodal officer, who will then forward it to the relevant Local Senior Inspector/Inspector (Legal Metrology Officer) based on the firm's location.

3. A local senior inspector/inspector will inspect the applicant's planned premises and documents, preparing a report to be sent to the Assistant Controller (Licensing Authority) along with the application and recommendation.

4. Following a review of the application, local LMO report, and accompanying documents, if a prima facie case for granting the license is established, the Assistant Controller may appoint a three-member committee to assess the applicant's capability and competence in repairing weights and measures. The committee will submit its report to the Assistant Controller.

5. If any significant issues are identified in the application, the Local Inspector or Assistant Controller may issue queries or objections that need to be addressed by the applicant.

6. After confirming that the application is sufficient for granting a license, the Assistant Controller may request the applicant to deposit the Rs. 100/- License fee in the designated HEAD OF ACCOUNTS.

7. Once the fee is deposited and confirmed, the license will be issued in the appropriate format by the Assistant Controller's office.

8. Applications for a repairer license for the entire state should be submitted to the Controller (Licensing Authority) through the divisional Assistant Controller.

DOCUMENTS REQUIRED FOR REPAIRER LICENSE

1. Provide a photograph, along with identity and address proof of the applicant.

2. Submit documentation verifying the applicant's date of birth.

3. Furnish proof of ownership or tenancy for the proposed premises.

4. Include the partnership deed for partnership firms.

5. Present documentation regarding qualifications, especially for electronic weighing machines.

6. Provide an experience certificate.

7. Prepare an affidavit affirming the applicant's commitment to comply with legal provisions and Controller's directives.

8. Submit an affidavit confirming the absence of any court convictions or pending criminal proceedings against the applicant.

9. Provide the registration document of the shop/establishment/municipal trade license, if applicable.

10. Present a list of machinery and tools.

11. Include a copy of the PAN card.

3. Legal metrology Dealer License - A dealer license is granted to individuals engaged in the trading and marketing of weights and measures, governed by the State Legal Metrology (Enforcement) Rules, 2011. If an importer intends to function as a dealer of weights and measures, they must acquire the dealer license alongside the importer/manufacturer license.

1. Complete the application using the attached format (LD-1).

2. Initially, the application will be reviewed by the district nodal officer, who will then forward it to the appropriate Local Senior Inspector/Inspector based on the firm's location (Legal Metrology Officer).

3. The local Senior Inspector/Inspector will conduct an investigation of the applicant's proposed premises and documents, preparing a report to be sent to the Assistant Controller along with the application and recommendation (Licensing Authority with delegated powers).

4. If any significant issues are found in the application, the Local Inspector or Assistant Controller may raise a query or objection, which will need to be addressed by the applicant.

5. After reviewing the application and confirming its suitability for granting a license, the Assistant Controller may request the applicant to deposit the License fee of Rs. 100/- in the relevant HEAD OF ACCOUNTS.

6. Once the fee is deposited and confirmed, the license will be issued in the appropriate format by the Assistant Controller's office.

DOCUMENTS REQUIRED FOR LEGAL METROLOGY DEALER LICENSE

1. Provide photographs, along with identity and address proof of the applicant/partners.

2. Submit documentation verifying the date of birth of the applicant/partners.

3. Furnish proof of ownership or tenancy for the proposed premises.

4. Include the partnership deed for partnership firms.

5. Present the model approval certificate, if required under Legal Metrology General Rules, 2011, issued by the Director of Legal Metrology, Government of India, regarding the proposed weighing and measuring instrument.

6. Obtain a No Objection Certificate (NOC) from the pollution control board.

7. Present a list of machinery and tools.

8. Prepare an affidavit affirming the applicant's commitment to adhere to legal provisions and the Controller's directives.

9. Submit an affidavit confirming the absence of any court convictions or pending criminal proceedings against the applicant.

10. Provide the registration document of the factory/shop/establishment/municipal trade license, as applicable.

11. Include a copy of the GST registration.

12. Provide a copy of the PAN card.

PCR (PACKAGED COMMODITY RULE) 27 OF LEGAL METROLOGY

PCR is applicable to various products including food items, electronic devices, and consumer goods, both durable and non-durable. Individuals involved in pre-packing commodities such as bottles, tins, or wrappers must register under rule 27 of the Legal Metrology (Packed Commodity) Rules 2011, either through the Director of Legal Metrology or the Controller of Legal Metrology.

EXEMPTIONS

1. Commodities packaged with quantities exceeding 25 grams or 25 liters.

2. Packaged goods intended for institutional consumers or industrial use.

3. Sales of bags containing cement, fertilizer, and agricultural products weighing over 50 kilograms.

DOCUMENTS REQUIRED FOR PCR APPLICATION

Documents and information needed for applying for a PCR importer license.

1. Provide details of all warehouses.

2. Include product names and HSN codes.

3. Indicate whether the shop/factory is situated in a commercial area. If yes, attach supporting evidence.

4. Specify whether the shop/factory/premises is owned or rented. If rented, please provide the rental agreement.

5. Submit a No Objection Certificate (NOC) from the landlord.

6. Furnish packing materials/slip/sticker/labels used on the packages.

7. Provide the Memorandum of Association for companies and partnership deeds for partnership firms.

8. Include the Import-Export Code.

9. Submit two photographs of all directors/partners.

10. Provide GST details.

11. Submit proof of the company's address.

12. Include details of all directors.

13. Furnish proof of applicant's residential address.

OBJECTIVES OF LEGAL METROLOGY

This Act was enacted with the following goals in mind:

1. To oversee trade and commerce concerning weights and measurements.

2. To establish and uphold standards for weights and measurements.

3. To oversee the manufacturing, sale, and utilization of goods by weights, measures, or numerical values.

4. To streamline the Metric system.

FUNCTIONS OF LEGAL METROLOGY

Transparent and efficient legal metrology fosters confidence among trade, industry, and consumers, creating a trustworthy business environment. The primary functions of Legal Metrology include:

1. Safeguard consumers against fraudulent practices by traders.

2. Establish regulations for overseeing measurements and measuring instruments.

3. Issue and renew licenses for manufacturers, repairers, and dealers of weights and measures.

4. Verify and stamp weighing and measuring instruments, and collect verification fees.

5. Conduct surprise inspections, seizures, and raids to eradicate illegal and substandard weights and measures.

6. Enforce the Legal Metrology (Packaged Commodities) Rules, 2011, which mandate declarations on packaged commodities and containers, including net weight, volume, length, maximum retail price, and manufacturing/packaging date.

7. Ensure annual certification for all users of weights, measures, and measuring tools. Issuance and renewal of licenses for manufacturers, repairers, and dealers of weights and measures are facilitated by the organization.

OFFENSES AND PENALTY

Individuals found in violation of regulations 27 to 31 may face a fine of four thousand rupees. In cases where the breach is attributable to a firm, each director or person in control will be individually liable.

It's crucial to emphasize that all 'pre-packed commodities' should be registered under Rule 27. While the Legal Metrology Act 2009 provides a definition for this term, there exists some ambiguity in its interpretation. Despite efforts by numerous High Courts and the Supreme Court to clarify the term through various Judicial Precedents, firms and entities still find it challenging to comply with these Rules due to the lack of clarity.

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