Legal Metrology Registration, New Certification
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Every individual or an entity dealing with pre-packed commodities shall register themselves as a 'Manufacturer','Packer' or an 'Importer' with the Director/Controller of Legal Metrology in the concerned Jurisdiction. The Legal Metrology (Packaged Commodities) Rules, 2011 (Rules) completely provide for all statutory requirements to be followed by persons dealing with and declarations to be made with respect to 'Packaged commodities'.
Rule 27 of the said Rules provides for the procedure for Registration as a 'Packer' or 'Importer'.
Scope and its Applicability:
Rule 27 contains provisions relating to Registration as a 'Manufacturer', 'Packer' and an 'Importer'. Before analyzing the procedure for registration, it is important to understand the differences between the terms 'manufacturer' and 'packer'.
According to Rule 2(d), the term 'Manufacturer' means and includes any person / Firm, who
Produce/ make / manufacture a commodity
Puts, or causes to be put, any mark on any packaged commodity and the mark claims the commodity in the package to be a commodity produced, made or manufactured by such person or firm.
On the other hand Rule 2(g) defines 'Packer' as a person / Firm, who which pre-packs any commodity in any bottle, tin, wrapper or otherwise, in units suitable for sale whether wholesale or retail.
The term 'pre-packed commodity' means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity[1]
Rule 27 provides provision for two licenses- Packer and an Importer. The Rule lays down that the registration is applicable for any person who prepacks or imports any commodity for sale distribution ordelivery.
Timeframe:Application in this regard shall be made before the Director/Controller of Legal Metrology as the case may be made within ninety days from the date on which he or it commences such prepacking/importing.
Offenses and Penalty:
Whoever contravenes the provisions of rules 27 to 31, he shall be punished with fine of four thousand rupees. In case if the violation is committed by a company, every director or person in-charge shall be punished independently.
It is pertinent to note that, the Registration under Rule 27 is mandatory for all 'pre-packed commodities'. In spite of the definition provided in the Legal Metrology Act 2009, there is ambiguity in interpretation of the said term. Even though various High Courts and the Supreme Court have tried to interpret the term in various Judicial Precedents, lack of clarity in this regard still prevail among firms/ entities in complying with the provisions of these Rules.
[1] Section 2(l) of the Legal Metrology Act 2009 [2] Explanation to Rule 10(1) of the Legal Metrology (Packaged Commodity) Rules, 2011 [3] Explanation to Rule 28 of the Legal Metrology (Packaged Commodity) Rules, 2011 Application For Registration Of Packers / Manufacturers Under Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011 Requirements for Different Industry:
Online Fees For Manufacturer Rs. 500/-, Repairer Rs. 100/-, Dealer Rs. 100/-, Importers Rs. 500/-, Packers Rs.500/-.
All document should be self attested and uploaded in pdf file. The size of the pdf file should not be more than 2 MB.
Soft Copy of Passport size photograph
If Date of commencement of pre-packing/import is more than 90 days ago which is a violation of 27/32(1).You have to deposit late fee of Rs. 4000/-(per Director + one company).