Step-by-Step Process to Apply for a Legal Metrology Certificate for Manufacturers

Legal Metrology or LMPC Registration all individuals, businesses, companies, or organizations engaged in the import, production, along with packaging of already packaged commodities within India are required to register as Packaged Commodity Registers. The Department for Legal Metrology within the department of the Ministry for Consumer Affairs, Food, and Public Distribution is responsible for granting LMPC Registration.

Ensuring that pre-packaged commodities marketed in India adhere to the 2011 Legal Metrology (Packaged Commodity) Rules is the goal of LMPC registration. The purpose of these guidelines was to implement the 2009 Legal Metrology Act. To support the Act's execution even more, State Governments have created their own Legal Metrology (Enforcement) Rules. The measures and weights utilized in commerce and trade, as well as the labeling and packing of goods that are already packaged, are governed by the Legal Metrology Rules.

Pre-packaged commodities: what are they? According to the definition given in Section 2 Clause (l) of the Act on Legal Metrology, 2009, a "pre-packaged commodity" is one that has been placed in a packaging of any kind, sealed or not, to ensure the product inside has a fixed quantity, without the customer being present. Put simply, a pre-packaged commodity is one that has been packaged without the buyer having to provide a fixed quantity.

What is a Legal Metrology Manufacturer License, and why is it required?

Companies that manufacture measures and weights in India are required to get a Legal Metrology Manufacturer Certificate. Laws governing the utilization of measurements and weights in business transactions, such as the Act on Legal Metrology, require it. This license facilitates trade, fosters confidence, ensures legal compliance, and brings in revenue for the government.

Manufacturer License for Legal Metrology

The governing authority of India created the Act on Legal Metrology, which provides a framework for using measurements and weights in business operations. Its goals are to safeguard the security of measuring and weighing systems, ensure their accuracy, and safeguard the interests of consumers.

Companies that manufacture weights and measures in India are required to hold a manufacturing license for legal metrology. The state in which the production plant is located issues this license, which has been issued through a Legal Metrology Department.

Guidelines and documents needed to apply for a manufacturer's legal metrology certificate

A legal metrology manufacturing license application must satisfy a number of minimal requirements and be submitted with the necessary supporting documentation. These components serve as the framework for the licensing procedure, guaranteeing that producers adhere to the state's Legal Metrology Rules and strict criteria. For your clear and thorough knowledge, the table below includes comprehensive descriptions of legal metrology the manufacturer documentation and license requirements. At Legal Raasta, we guarantee that you fulfill all needs prior to the filing process starting by offering complete support and consulting in documents.

Minimum Conditions

a. A Real Manufacturing Facility

b. A certificate of model approval issued by the Department of Legal Metrology, for every kind of weight or measure produced.

c. The bare minimum of space must be present in the manufacturing area. Visit this link to view the minimal Space Requirements for your manufactured items.

d. Unless otherwise stated, the premises must be located on the ground level or basement.

e. Ensure that you has all the equipment, tools, and materials for testing required to generate the intended products.

f. Make certain that your team is knowledgeable and competent in the field.

Document List

Documents of Entities

  • Documents for incorporation.
  • Certificate of GST Registration.
  • If applicable, a professional tax certificate.
  • Employment Permit.
  • PAN card for business.
  • b. Identity and Experience Documents of the Promoter.

    c.Ownership Documents for Premises and NOC.

    d.Evidence of purchasing equipment and tools for the workshop.

    Employee Documents

    a. Letters of Appointment.

    b. Proof of ID and address.

    c. Certificate of Experience and Qualifications.

    Additional Miscellaneous Documents.

    a. Product details.

    b. Financial Records.

    c.Certificate of Trademark Registration, if it is accessible.

    d.The manufacturing premises' site plan.

    e. Evidence of the installed and approved power load.

    Note:

    1. Documentation for Incorporations according to Entity Type.

    a. Company: AOA, MOA, and Certificate of Incorporation.

    b.LLP: LLP Agreement & Certificate of Incorporation.

    c.Partnership Firm: Agreement on Partnership.

    d.GST/MSME certificate for sole proprietorship.

    2.Promoter Background At least two years' worth of certificates must be issued in the names of directors, partners, owners, skilled laborers, or other persons with the necessary experience.

    3. You may submit any of the aforementioned documents as proof of ownership for the premises.

    a. Most recent rent receipt.

    b. Sale agreement.

    c. Property tax receipt, OR.

    d. Any additional legal documents.

    Who can submit an application for an authority certificate as a legal metrology manufacturer?

    In order for companies to be granted this license, they have to fulfill certain requirements, such as.

  • Maintaining a real manufacturing plant with adequate space and equipment.
  • An approval certificate for the model is required for each type of weight or measurement they intend to produce.
  • Submit a completed application form, in addition to any relevant documentation, to the Controllers of Legal Metrology, or an authorized officer.
  • What should you do if customs officials ask for LMPC and your goods are stuck there?

    Many importers wonder why, in all the years they have been importing, they have never been requested for a LMPC Certificate. The law requiring the LMPC Certificate for import was not recently passed; in fact, the customs authorities were granted this authority in 2000 through notification No. RE-44. Before faceless assessment was implemented, custom house agents were able to handle the shipment clearance process by physically meeting with the relevant officers and persuading them in one way or another. However, as of right now, faceless assessment has made it impossible to do away with the requirements of LMPC because, in response to an inquiry about the certificate's requirement, the importer's only remaining option is to provide a copy of the certificate, at which point the shipment can only be cleared.

    In this situation, you should apply for an LMPC certificate for import as soon as the concerned officer raises the question. You can try to persuade that officer by providing documentation proving that your application for an import LMPC certificate was submitted, or you may ask our customs agent to arrange for the goods to be cleared by filing a bill of entry in accordance with Section 49 of the Customs Act of 1962. You can clear the products in a custom-bonded warehouse by registering a bill of entry under section 49. After you receive the final registration, you can locate a bill of entry under section 47 for clearance of home consumption, and eventually the items will arrive at your location.

    The purpose of LMPC certificates for importers

    If you don't have a the LMPC certificate or don't follow the declaration guidelines, customs may hold your imported items. A customs seizure might cause delays, costs, and other consequences, so make sure you complete your importer registration before the goods arrive in India.

    Penalties for breaking the rules. A fine shall be imposed for any infraction of the Legal Metrology, which (Packaged Commodity) Rules.

    1. Should any of the regulations 27 through 31 be broken, there will be a fine.

    2. If any other rule requirement is broken that isn't addressed by the Act or the Rules, there will be a fine.

    3. There will be a late fee if you apply for the LMPC certificate more than ninety days after the import has started.

    If this is not the first offense, there may be legal action in addition to the penalty. Typically, the maker bears the responsibility. But if the entity's name and address is listed on the label without the qualifying phrases "manufactured by" or "packed by," it is assumed that the manufacturer owns the name and address, and liability can be assessed in accordance with that assumption. Importers need to be aware of this since any infractions may result in liability for them.

    Eligibility for Legal Metrology Registration of Manufacturers.

    If a factory produces any kind of product, including weights or measures, they must seek for a valid metrology manufacturer license from the appropriate authorities. They must have legitimate documentation proving they are the rightful owners of the space where they plan to carry out their manufacturing operations in order to be granted legal registration as a metrology factory. They will also have all the machinery required for manufacturing. They must submit an online application using the required format.

    Advantages of a Manufacturing certificate for Legal Metrology.

    1. Reduce transaction costs; Increase client confidence;

    2.Lowers trade's technical barriers;

    3.The government levy taxes on measurement in the form of excise duty on goods that are sold, imported, manufactured, and exported.

    An experienced professional, Sakshi Sachdeva has been instrumental in propelling Legal Raasta's content creation efforts. Her career path has been varied, with notable stops in the textile, telecom, transportation, and communication sectors. She holds an MCA and an MSc in software degree.

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