Types of Registrations Importer Registration, Manufacturing License, Dealer License, Repair License under the Legal Metrology (General) Rules, 2011:
Under the umbrella of The Department of Consumer Affairs, Food & Public Distribution, the Directorate of Legal Metrology is constituted as a separate wing in India. The rules, compliances, standards are enforced under the Legal Metrology Act & Rules through the central head Quarter in New Delhi, from where this is delegated to the respective states for ensuring effective and ongoing compliance of the Acts & Rules.
While Regulating all Imports into India, manufacturing within India, All sale and repair of all types of weights and measuring instruments, the Legal Metrology Department , is responsible for uniformly enforcing the rules and regulations under the Legal Metrology Act 2009.
Any product which is used in weighing , measuring or scaling of any object in a identified quantity on metric or imperical scale falls under the jurisdiction of the Legal Metrology Act. Many diagnostic devices such as Blood pressure monitors,thermometers, or other measuring devices such as tapes or barometer are examples of products which are covered.
In order to uniformly ensure that all rules and regulations are followed as well as enforced strictly wherever there is a non compliance found, the Legal Metrology Rules makes mandatory certain kinds of registration or licenses depending on the type of entities involved in use of weights and measuring instruments.Therefore, registration of importers, licenses for manufacturers, repairs and dealers are mandatory before conduct of business under the Legal Metrology Act & Rules.
Importer Registration under Legal Metrology (General) Rules, 2011:
An Importer is any person or firm which carries on the business of bringing into India from a place outside India. As such all importers of weights and measuring instruments need to apply for mandatory registration under Legal Metrology (General) Rules, 2011. This application needs to be submitted to the Director or Controller of Central Legal Metrology Department, New Delhi.
Legally speaking Section 19 & Section 38 make it legally binding on importers to take registration under these rules. As an offence, Non compliance under section 38 is compoundable and punishable.
As per Section 19 , No person shall import any weight or measure unless he is registered with the Director in such manner and on payment of such fees, as may be prescribed.
As per Section 38, Whoever imports any weight or measure without being registered under this Act shall be punished with fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine, or with both.
Key Insights of Importer Registration :
Under Rule 15 of the Legal Metrology (General) Rules 2011, clear procedure has been prescribed for registration of Importers. It is mandatory to ensure that only standard weights and measuring instruments can be imported.
An application needs to be submitted THROUGH the State Controller TO the Director or Controller Legal Metrology Government of India.
I am a manufacturer but i want to Import, do i still need Importer registration?
If there is a Manufacturer or Dealer who needs to import any weight or measuring instruments then in such a case the manufacturer or dealer will also need to register as an importer will need from the Director or Controller of Legal Metrology, Government of India.
The registration can remain effective upto 5 years and is renewable.
This license is not transferable no saleable and needs to be displayed in the place of business premises prominently.
Manufacturer License under Legal Metrology (General) Rules, 2011:
A manufacturer is anyone who manufactures or assembles a weight or measure or causes to be put, any mark on a weight or measure, not manufactured by him , and where the mark claims that the weight or measure is manufactured by such person or firm.
Manufacturers of weights and measures need to apply for license to the Controller of Legal Metrology of the state under the State Legal Metrology Enforcement Rules, 2011.
I am a manufacturer but I also repair my products?
In case of a manufacturer repairing his own product in any other state than its own, then the manufacturer can repair without any reparer license. But if a manufacturer wishes to repair its own products in its own state, then it does need a repairer license.
Initial license is granted for a period of one year only however a renewal can be sought for a period ranging from one to five years. The application for renewal has to be submitted 30 days before expiration of the existing license.
This license is not transferable no saleable and needs to be displayed in the place of business premises prominently.
Common terms in the application process are
- LM1 the application form for license as manufacturer in weights & measures as per schedule IIA
- LM2 the application form for renewal of manufacturing license as per schedule IIB
- LM3 the final manufacturing license being granted as per schedule III
As per Rule 20 of the Legal Metrology (Approval of Model) Rules, 2011 Before granting a license to manufacturer any weight or measure, the Controller shall satisfy himself that a Certificate of approval of the model has been issued by the Director. In a case, where the certificate of Model Approval is suspended or revoked then this license will also remain suspended till the the model approval has been granted by the licensing authority.
Dealer License under Legal Metrology (General) Rules, 2011:
A Dealer is Anyone involved in the buying, selling, supplying or distributing of weights and measures directly or indirectly including a manufacturer, importer who is involved in the buying, selling, supplying or distributing of weights and measures to anyone other than a dealer.
The Dealer license of weights and measures need to be applied to the Controller of Legal Metrology of the state under the State Legal Metrology Enforcement Rules, 2011 of the Legal Metrology Enforcement Rules, 2010
Common terms in the application process are
- LD1 the application form for license as dealer in weights & measures as per schedule IIA
- LD2 the application form for renewal of dealer license as per schedule IIB
- LD3 the final dealer license being granted as per schedule III
This license is not transferable no saleable and needs to be displayed in the place of business premises prominently.Initial license is granted for a period of one year only however a renewal can be sought for a period ranging from one to five years
I am an Importer / Manufacturer, do i need to take a dealer license as well?
If the importer/manufacturer want to act as the dealer of the equipment, he/she must also obtain the Dealer License in addition to the importer/manufacturer license.
I am a dealer, do I need to take a Dealer license in each state of the country?
In case a dealer wishes to stock and/or sell weights and measures in more than one state then such dealer must take separate dealer license for each such state of where the dealer is desirous of working.
Repairer License under Legal Metrology (General) Rules, 2011:
A repairer is anyone who repairs, adjusts, cleans, lubricates or paints or renders any other service to a weight or measure to ensure that such weight or measure conforms to the standards under Legal Metrology Act.
As per Legal Metrology Rules , Repairers of weights and measures should apply for license to the Controller of Legal Metrology of the state under the State Legal Metrology Enforcement Rules, 2011.
This license is not transferable no saleable and needs to be displayed in the place of business premises prominently.
The validity of this license is minimum 1 year to maximum, 5 years from date of issue.
Renewal application for an existing repairer license should be filed within three months or 90 days from the expiration of such license.
Common terms in the application process are
- LR1 the application form for a license as a repairer in weights & measures as per schedule IIA
- LR2 the application form for renewal of repairer license as per schedule IIB
- LR3 the final repairer license being granted as per schedule III
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