Legal Metrology Act
The Legal Metrology Act established the rules and regulations that are in effect to weight and measure the quantity of goods that are included in packages. The act is applicable in the entire country.
Metric system
The metric system is what is primarily used in India and what foreign companies should consider using when exporting to India.
It relies on the three basic units through which anything in the world can be measured.
Meter(m) - It is used for measuring length
Kilogram (kg) - It is used for measuring mass
Second (s) - It is used to measure time.
Advantages of using the metric system:
- Universal system of measurement – Unlike some non-metric measurements, which can vary even between countries, metric measurements are set by international agreement and therefore are the same wherever you happen to be
- Standard naming convention
- Much simpler and easy to use
- Consistency and continuity
Licensing requirements under the Act and the Packaged Commodities Rules, 2011
Section 19
Every Person who imports any Weight and Measure needs to mandatorily register with the Director of Legal Metrology as an Importer of Weights and Measures.
Points to be carefully noted:
- No Non-standard weight or measure marked in non-standard unit should be imported in India without the prior approval of The Central Government besides Registration under Section 19 as an Importer.
- Holder of Certificate of Registration as an Importer should ensure that the Model of the weigh or measure imported is approved by the Central government before sale in India.
Section 22: Model Approval
Every person, before manufacturing or importing any weight or measure shall seek an approval of model of such weight or measure from the Central Government power being delegated to the Director of Legal Metrology.
Rule 27 of Packaged Commodities Rules, 2011
Every individual, firm, Hindu undivided family, society, company, or corporation who or which pre-packs or imports any commodity for sale, distribution or delivery shall make an application, accompanied by a fee of Rs. 500, to the Director or the Controller for the registration of Person as an Importer or Manufacturer and Packer of Pre-packaged commodities.
As per the provisions of this Act, every unit of weight or measure shall be in accordance with the metric system based on the international system of units.
- Standard Units under Metrology: The base units of weights and measures specified in the act shall be the standard units of weights and measures
- Use of weight or measure for particular purposes: Any transaction, dealing or contract in respect of any goods, class of goods or undertakings shall be made by such weight, measure or number as may be prescribed
- Prohibition of quotation, etc. other than in terms of standard units of weight, measure, or numeration: No person shall, in relation to any goods, things or service:
(a) quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or
(b) issue or exhibit any price list, invoice, cash memo or other document, or
(c) prepare or publish any advertisement, poster, or other document, or
(d) indicate the net quantity of a pre-packaged commodity, or
(e) express in relation to any transaction or protection, any quantity or dimension, otherwise than in accordance with the standard unit of weight, measure, or numeration.
- Any custom, usage, practice, or method of whatever nature which permits a person to demand, receive or cause to be demanded or received, any quantity of article, thing, or service in excess of or less than, the quantity specified by weight, measure or number in the contract or other agreement in relation to the said article, thing, or service, shall be void.
Disclaimer
The Canadian Trade Commissioner Service in India recommends that readers seek professional advice regarding their particular circumstances. This publication should not be relied on as a substitute for such professional advice. The Government of Canada does not guarantee the accuracy of any of the information contained on this page. Readers should independently verify the accuracy and reliability of the information.
Content on this page is provided by Dezan Shira & Associates a pan-Asia, multi-disciplinary professional services firm, providing legal, tax, and operational advisory to international corporate investors.
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