The Legal Metrology Act, 2009 (Act No. 1 of 2010, dt 13-1-2010, w.e.f. 1-4-2011 has come into existence. This act was formally known as Standard of weight and measures Act,. This act is geared for making honest society and make consumer informative. Our main area of specialization is THE LEGAL METROLOGY (PACKAGD COMMODITIES) RULES 2011.
We aim to render the best professional services and consistently exceed the expectations of our clients through continuous professional education, integrity and hard work.
Our mission is to help the community in understanding and implication of law so that the customer feels comfortable in complying the same. With proper planning and understanding of act, the customers can save a lot of amount
# As per section 12 of the Legal Metrology act, Any ill drafted contract in contradictory of act becomes void
# Prohibition of quotation otherwise than in standard units of weight, measure as per section 11 of the said act.
# Proper cost benefit analysis is required to affix the MRP for making customer as well as retailer happy
# In compliance of Rule 6, minor compliance has to be also considered very carefully as offense are registered under Criminal law and not under civil law
# Every offense registered with the court by legal metrology officer will require the directors to be present personally as per Criminal procedure Regulation.
We assist in not only in compliance of laws but carry out routine audit and helps the client to prepare the papers for filing in the Court of Law.
Packaged Commodities Rules, 2011 As amended by The Legal Metrology (Packaged Commodities) (Amendment) Rules, 2017 has been framed under section 52 (1) and (2) of the Act and has been amended on several counts by Central Government. The latest being made under GSR 629(E) dated 23.07.2017 applicable form 01.01.2018 .
# Section 2(l) of the Legal Metrology Act, 2009 defines “pre-packaged commodity” as 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.
# It shall be illegal to manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless the package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed. [Section 18 (1)]
# It is required that any advertisement mentioning the retail sale price of a pre-packaged commodity shall also contain a declaration as to the net quantity or number of the commodity contained in the package. [Section 18(2)]
# It shall be punishable if any pre-packaged commodity is packed with error in net quantity beyond the limit prescribed in the Legal Metrology (Packaged Commodities) Rules, 2011. [Section 36(2)]
The manner and form of declaration is prescribed in the Legal Metrology (Packaged Commodities) Rules, 2011 made in pursuance of requirements of Section 18 of the LM Act. The provisions are effective from the 1st day of April 2011. An overview of the Legal Metrology (Packaged Commodities) Rules, 2011 Important Definitions Maximum permissible error Error in deficiency in the quantity contained in an individual package, permissible up to the limit specified in the First Schedule Net Quantity Commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package, excluding the packaging or wrapper.
Retail Sale Price - The maximum price at which the commodity in packaged form may be sold to the consumer. The manner of declaring MRP will be ‘Maximum or Max. retail price Rs/…….inclusive of all taxes or in the form MRP Rs/ ………incl., of all taxes after taking into account the fraction of less than fifty paisa to be rounded off to the preceding rupees and fraction of above 50 paise and up to 95 paise to the rounded off to fifty paise;
Retail Packages Packages intended for retail sale to the ultimate consumer and includes imported packages. Wholesale Packages Packages intended for sale to an intermediary and not to a single consumer directly and which contains several retail packages or bulk quantity for direct sale in smaller quantities. Retail vs Wholesale Packages.
# Packages containing less than 10 retail packages are not considered wholesale packages.
# Retail packages need to follow provisions of Chapter II (Rule 3 to 23)
# Provisions of Chapter III are applicable to wholesale packages. (Rule 24)and also of Rule 18.
# Retail packages need to be packed in quantities as per Second Schedule and bear all statutory declarations.
# Wholesale packages may be packed in any quantity and not declare net content, consumer complaint cell, MRP or date of manufacture. But, should declare total no of packages inside.
Items Exempted from the provisions of the Packaged Commodities Rules. [Rule 26] Packages containing.
# The net weight or measure of the commodity (excluding tobacco or tobacco producst) is 10 gram or 10 mm or less, if sold by weight or measure
# fast food items packed by restaurant/hotel
# Scheduled and non-scheduled formulations covered under the Drugs (Price Control) Order,2013 made under section 3 of the Essential Commodities Act,1955
# Any thread which is sold in coils to handloom waivers.
Chapter II: Applicable to packages intended for retail sale Rule 3: The provisions of Chapter II [Rules 4 to 23] will not be applicable in following cases:-
# - Packages of commodities containing quantity of more than 25 kg or 25 litre
# - However, in case of cement and fertilizer the limit is bags up to 50 kg;
# - Packaged commodities sold directly by the manufacturers or through wholesale dealer for service industry like transportation [including airways, railways], hotel or any other similar service industry for use by that institution..
# - Packaged commodities sold directly by the manufacturers or through wholesale dealer to an industry for use by that industry.
Rule 5: Commodities to be packed in standard quantities
# The provision for making “non-standard size” packages will come to end with effect from 01.11.2012
# Some listed items, mentioned under the Second Schedule will have to be packed in quantities specified in that schedule. The Schedule now offers wider options.
# Items not included in the Second Schedule may be packed in any quantities or sizes.
Rule 6: Pre-packages must bear specified declarations
Pre-packed Commodity for sale, distribution or delivery must bear thereon or on a label securely affixed thereto, the following declarations:
1. The name and address of the manufacturer or packer or the importer. from 1-1-2016, complete address means, the postal address at which the company or firm is registered, and, in any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer and either the name of the city and State where the business is carried on by the manufacturer or packer or the Postal Index Number [PIN] Code so that a consumer can identify and locate the manufacturer or packer or importer, as the case may be.
2. The name, address, telephone number, e mail address, if available, of the person in charge of consumer complaints.. From 1-1-2016, E mail has become compulsory.
3. The generic name(s) of the commodity.
4. The net quantity of the package;
5. The month and year of manufacture / pre-pack / import.
6. The retail sale price of the package (MRP)
7. Country of origin
8. Best before use for certain commodities
9. where the sizes of the commodity contained in the package are relevant, the dimensions of the commodity contained in the package and if the dimensions of the different pieces are different ,the dimensions of each such different piece.
None of the above declarations can be put by a sticker but stickers may be used for giving other information not required under the Rules – for example: 25 gm free
Important Exceptions
# For packages containing food articles, Clause 1 and 5 will be replaced by provisions of Food Safety and Standards (Packaging and labeling) Regulations, 2011.
# For packages containing cosmetic products, instead of clause 5, the provisions of the Drugs and Cosmetic Rules, 1945 shall apply.
# The declaration regarding retail sale price of alcoholic or spirituous liquor, will be as per Laws of the state of origin. In case of no such laws in that state, the provisions of Clause 6 will apply.
How to make declarations Statutory declarations should comply with provisions of Rule 7 to Rule 16.
# - Every declaration shall appear on the Principal Display Panel
# - Declarations should be legible and prominent. The Net Content and MRP must be very clear.
# - The language shall be English or Hindi in Devnagari Script. Regional languages may be used in addition only.
# - The expression “when packed” to qualify the net content can be used only in case of soaps, lotions and creams (except milk cream)
Registration under Rule 27
# - Every manufacturer or packer or importer of packaged commodities require Registration under the Rule 27 within 90 days of starting business.
# - The application for Registration can be made in plain paper with following particulars only – 1. Name and full address of the Applicant 2. Complete address of the premise where manufacture/prepack/import is made with name of items dealt there. 3. List of commodities manufactured/pre-packed-or imported by the applicant.
# - A registration made with the Director or the Controller of any State is valid throughout the country for items and for factories / premises mentioned in the Registration Certificate. Once registration is made, additions and alterations can be made by filing an application before the same authority.
# - The fee payable for registration is Rs. 500.00 and for addition or alteration Rs. 100.00 only. The Director or the Controller will inform in whose favors the Demand Draft shall be drawn.
The provision of Section 153 of of the Cr.P.C. Inspection of weights and measures.-
(1) Any officer in charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in such place any weights, measures or instruments for weighing which are false.
(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.
Offenses by Companies Section 49
# - A company may nominate a person who will be responsible for the conduct of the company. Such nomination should be communicated to the Director of Legal Metrology or the concerned Controller.
# - The nominated person and the company itself will be held responsible for violation of provisions of the Act.
# - When no person is nominated, the person who is in charge or responsible to the company will be held responsible.
# - Even if a person is nominated, any other person responsible to the company and due to whose consent or negligence led to the violation will also be held liable for any offense committed.
# - When a company is convicted, the Court may direct the company to publish its name and the offense committed by it in the newspapers at the cost of the company.
# - Compiled from http://metrologycentre.com/codes/pcrules.html
LEGAL METROLOGY ACT, 2009 AND LEGAL METROLOGY (PACKAGED COMMODITIES) RULES, 2011
GUIDELINES TO SMALL SCALE PAINT INDUSTRIES TO COMPLY WITH THE PROVISIONS OF THE LEGAL METROLOGY ACT, 2009 AND LEGAL METROLOGY (PACKAGED COMMODITIES) RULES 2011. THESE GUIDELINES ARE ON THE BASIS OF THEIR PRIORITY.
REGISTRATION UNDER PACKAGED COMMODITY RULES 2011
It is necessary for every manufacturer / packer / importer to get registered. Those who have registered under packaged commodity rules 1977, need not register again. All others should apply for registration. Submission of application to registration meets legal requirement. If the department does not issue registration in time one need not worry. Penalty for non registration is Rs 4000/- per partner / director and firm / company. Format of registration form – Appendix A.
Nomination of the authorised person by the Company
According to Section 49(2) of the Act, every company has to nominate one director to be the compliance officer for compliance under the Act and the Rules. If no such director is nominated, entire board of the directors, company secretary, manager and all other officials who were in the office at the time of offence committed, shall be held responsible and punished accordingly.
An application of nomination has to be filed with the local Controller of Legal Metrology in duplicate annexing thereto consent of the person so nominated and the board resolution in that regard. It is suggested that such an application be filed with the Director of Legal Metrology, at Krishi Bhavan, New Delhi also and get the name of the nominated person registered there. The authorities, whether Controller of the Director of Legal Metrology shall issue a certificate stating that the nomination is taken on record. If the nomination is being withdrawn due to the nominated person retires, dies, or transferred as the case may be, an intimation to the local Controller’s office must be given and also to all the places where the nomination is filed. In such a case some other person must be appointed in the place of the person who exists.
In case of partnership firm one of the partners be nominated with the consent of other partners.
The notice of nomination is given in Appendix B to these guidelines.
CHAPTER II
Provisions applicable to packages intended for retail sale.
Rule: 3: Applicability of the Chapter.
The provisions of this Chapter shall not apply to:-
# - Packages of commodities containing quantity of more than 25 kg or 25 litre excluding cement and fertilizer sold in bags upto 50 kg and
# - Packaged commodities meant for industrial consumers and institutional consumers.
Explanation: For the purpose of this rule:-
1. Institutional Consumer:- Means those consumers who buy packaged commodities directly from the manufacturers/packers for service industry like transportation (including airways, railways) hotel or any other similar service industry.
2. Industrial Consumers:- Means those consumers who buy packaged commodities directly from the manufacturers/packers for using the product in their industry for production, etc.
Rule 6(1):
The name and address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and the packer and for any imported package the name and address of the importer shall be mentioned.
EXPLAINATIONS
If any name and address of a company is declared on the label without any qualifying words manufactured by or packed by, it shall be presumed that such name and address shall be that of the manufacturer and the liability shall be determined accordingly:
# - The common or generic name of the commodity contained in the package and in case of packages with more than one product, the name and number or quantity of each product shall be specified on the package;
(c) The net quantity of the commodity contained in the package;
# - The month and year in which the commodity is manufactured, pre packed or imported; With effect from 1.7.2012 a rubber stamp cannot be used to declared date of packing or date of manufacture.
# - The retail sale price of the package shall clearly indicate that it is the maximum retail sale price inclusive of all taxes and the price in rupee and paise be rounded off to nearest rupee to be declared as MRP Rs ¦ incl. of or 50 paise.,
# - The name, address, telephone number, E-mail address if available, of the person who can be or the office which can be, contacted, in case of consumer complaints.
The above declarations are mandatory on every retail package intended for retail sale. All the declarations shall be made either on the container or on a label securely affixed thereto. The word label has been defined as label means any written; marked, stamped, printed or graphic matter affixed to or appearing upon any commodity or package containing any commodity. Stickers are strictly prohibited. The word sticker has not been defined. It would be safe to take it as anything pasted on the label. Provided that for reducing the Maximum Retail Price (MRP), a sticker with the revised lower MRP (inclusive of all taxes) may be affixed and the same shall not cover the MRP.
Declaration made by the manufacturer or the packer as the case may be, on the label of the package.
Explanations:
The common name is Paint, which should appear on the package.
The net quantity should be mentioned in Symbols for International system of Units and none other. The symbols are as under:-
# - Kilogram - kg
# - Gram - g
# - Litre - l
# - Mililitre - ml
Principal display panel-its area, size and letter etc. – (1) In the case of a package having a capacity of ten cubic centimeters or less, the principal display panel may be a card or tape affixed firmly to the package and shall bear the required information.
(2) The height of any numeral in the declaration required under these rules, on the principal display panel shall not be less than,-
(i) as shown in Table-I
Provided that the width of the letter or numeral shall not be less than one third of its height, except in the case of numeral `1′ and letters (i), (I) and (l);
TABLE - 1
Minimum height of numeral
| Serial Number | Net quantity in length, area or number, area of principal display panel | Minimum height in mm | |
| Normal Case | When blown , formed, molded, embossed or perforated on container | ||
| 1 | Upto 100 cm2 | 2 | 3 |
| 2 | Above 100 cm2 and Upto 500 cm2 | 2.5 | 4 |
| 3 | Above 500 cm2 and Upto 2500 cm2 | 4 | 6 |
| 4 | Above 2500 cm2 | 6 | 6 |
(4) The provisions under sub-rule (1) to (3) shall not apply to a package if the information to be specified on such package under this rule is also required to be given by or under any other law for the time being in force.
(5) the area not including the top, bottom, flange at top and bottom of cans, and shoulders and neck of bottle and jars shall be determined as follows, namely :-
The month and year of manufacturing/packing/importing can be declared as Mfd., Pkd. or Imported, it could be expressed in numerals, i.e. 04/2007. The packing materials of the previous month or of the next succeeding month can be used. For using the packing materials of more than one month old, permission will have to be obtained from the Director of Legal Metrology, Government of India, by justifying the reasons, such as strike by employees, etc.
The retail sale price of a package should be declared as Max. Retail Price or MRP Rs. Incl. of all taxes. There should be no deviation. The retail sale price once declared should not be altered by affixing a sticker or an additional label.
In the event of any increase in the Government levies, the retail price could be revised to the extent of increase in the levies and the retail dealers could be asked to sell at the revised price by giving them the necessary price list. It is not necessary to alter the price on the package. However, in the event of any increase in the Central Levy, the revision in the retail sale price should be notified in minimum two newspapers and the Director of Legal Metrology.
Government of India and the Controllers of Legal Metrology of all the States and Union Territories should be intimated of the increase in retail sale price. In case of increase in State Levy, it is not necessary to notify in the press but the Director of Legal Metrology, Government of India and the Controllers of Legal Metrology of the States and Union Territories should be intimated.
The Director of Legal Metrology, Government of India, in his letter No. WN-9-(7)/93 dated 14.9.1993, addressed to the President, Marking Systems Association of India, New Delhi, has clarified that there is no bar on the manufacturer to blank out the earlier declaration and re-print the revised declaration before packaging. (See Appendix D). The revised price should not be printed over and above the blanked out price.
It must be noted that if we choose to affix a label on the package for making declarations, all the six declarations must be made on the same label though some declarations are already pre printed on the package. Nothing should be pasted on the label where the declarations are made and nobody should be allowed to tamper with the declarations. It must be ensured that the declarations once made are not changed under any circumstances. Part declarations on package and part on the label is prohibited by the law.
Pre-Package Commodity - means a commodity which without the purchaser present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a predetermined quantity.
Wholesale Package
Following are wholesale packages: –
A package containing:
1. A number of packages, which is intended for sale or delivery to an intermediary and is not intended for sale to a single consumer;
2. A commodity sold to an intermediary in bulk to enable such intermediary to sell or deliver such commodity to the consumer in smaller quantities;
# - Ten or more than ten retail packages
A package containing a commodity upto 25 kg/25 litre is considered as a retail package.
The following declarations are mandatory on the whole- sale package:
1. Name and address of the manufacturer/packer/importer.
2. The common or generic name of the commodity contained in the package;
3. The number of retail packages or bulk quantity contained in the package, e.g. 5kg/5 litre x 10 or 201 kg/201 litre.
A package containing less than 10 retail packages is treated as retail package and it is mandatory to give all the six declarations as in the case of a retail package. However, the MRP would be for the total number of retail packages.
An export package shall not be sold in India unless all the mandatory declarations are made thereon.
Secondary outer packing for protection / safety during conveyance / transportation of such package could not be seized for absence of the details like name/address of manufacturer, MRP, Month, year, etc.
Imported Packages
The importer of the packages is deemed to be the manufacturer and he is responsible to make all the mandatory declarations on the packages before such packages are stored in the deport or warehouses.
Registration of Shorter Address
In case of space constraint on account of small packages, you can register you shorter address by making an application to the Controller of Legal Metrology, Government of Maharashtra, by justifying your request.
The expressions of the words like Jumbo, Extra, Dozen, 1/4, 1/2 shall not be indicated on any package. While expressing the quantity it should not be 250g/250ml or 500g/500ml.
Pack Sizes
Paint, Varnish, etc.. should be packed in the following standard pack sizes only:-
| a) | Paint (other than paste Paint or | 50ml, 100ml, 200ml, 500ml, 1 litre, 2 litre, |
| solid paint, Varnish, | 3 litre, 4 litre, 5 litre and thereafter in | |
| varnish stains, Enamel | multiples of 5 litre. | |
| b) | Paste paint and solid Paint. | 500g, 1kg, 1.5 kg, 2kg, 3kg, 5kg, 7kg, and |
| thereafter in multiples of 5 kg. | ||
| c) | Base Paint | 450ml, 500ml, 900ml, 925ml, 950ml, |
| 975ml, 1 litre, 3.6 litre, 3.7 litre, 3.8 litre, | ||
| 3.9 litre and 4 litre and no restriction | ||
| above & 4 litre. |
Commodities in (a), (b), (c) could be packed in non-standard sizes by making and declaration. Non-standard pack size under the Legal Metrology (Packaged, Commodities) Rules, 2011.
With effect from 1.11.2012 proviso to Rule 5 shall be omitted and no non standard pack sizes will be allowed under the Rules.
However, if any manufacturer wants to manufacture or import non standard pack size, he will have to make an application to Director of Legal Metrology in this regard and by giving suitable justification. Based on the application and the justification, a permission to manufacture or import non standard pack size may be granted by the Director of Legal Metrology for a period of one year initially and after due verification of the facts of the case, the said pack size shall be included in the IInd schedule to the Rules. Such permission may be granted to the manufacturers or importers if the products so manufactured or imported are for promotional purposes.
Penalties (Compounding Fee)
Penalty for contravention of Rules –
(1) Whoever contravenes the provisions of rules 27 and 28, he shall be punished with fine of four thousand rupees.
(2) Whoever contravenes any other provision of these rules, for the contravention of which no punishment has been provided he shall be punished with fine of two thousand rupees.
(3) Sum of compounding of offences. The sum of compounding of offenses committed under the said Act shall be as specified in the following Table, namely:-
TABLE
| Sr. No. | Offense | Compounding Amount | |
| (1) | (2) | (3) | |
| If the application for compounding is by retailers or wholesale dealers | If the application for compounding is by manufacturers or importers | ||
| 1 | Contravention of Section 29 | Rupees two thousand | Rupees ten thousand |
| 2 | Contravention of Sub-section (1) of Section 36 | Rupees five thousand | Rupees twenty five thousand |
| 3 | Contravention of Sub-section (2) of Section 36 | Rupees ten thousands | Rupees fifty thousand |
| 4 | Selling of products for more than the maximum retail sale price | Rupees two thousand | Rupees five thousand |
Under Section 36 (1)
The maximum penalty for contravention of any of the provisions of the act and the Packaging Commodity Rules, is Rs. 25,000/- for the nominated person and the firm/ company as the case may be for the first offence.
Rs.50,000/- for the nominated person and firm / company as the case may be for the second offence.
And minimum Rs. 50,000/- to Rs. 1,00,000/- for the nominated person and firm / company as the case may be and prosecution for the third offence.
If no person has been nominated under section 49 (2) the penalty is on every partner / Director & firm or company as above.
From the above it is quite evident that the compounding fees has gone up from Rs. 5,000/- to Rs. 25,000/- for the nominated person and the company but compounding of offence has been allowed three times.
In a court, the quantum of punishment would depend on the nature of the offence and proving it in Court. To avoid legal expenses one can plead guilty in court.
The Inspector has powers to seize all the packages which do not bear the mandatory declarations in conformity with the provisions of the law. The seized packages could be released after the offence is compounded or decided by the Court.
It is suggested that if we are very sure that we have not committed any offence under the Act and the Rules, we should not compound the offence immediately. An appeal needs to be filed before the local Controller of Legal Metrology before we approach court in the matter. It is also suggested not to succumb to the demands of the Inspectors for saving time. This kind of leverage make the department more demanding and the harassment continues.
To avoid the nuisance and harassment from the department it is necessary that we keep our compliance level very high. It is observed that if we have compliance in place, it is very easy to fight with the department. The compliance has to be got checked by some outside agency expert in the field, from time to time. All the verification certificates must be maintained scrupulously and must be displayed near the machine for which the same is taken.
The Legal Metrology Act, 2009
Whenever the retails sale price of a commodity in packaged form is stated in any advertisement, there shall be included in the advertisement, a conspicuous declaration as to the net quantity of the commodity contained in the package.
All weights, measures, weighing and measuring instruments used in the manufacturing units, office and laboratory shall be got verified and stamped by the Inspector of Legal Metrology, once in a year. The storage tanks should also be got verified and stamped by the said inspector once in a period of 5 years. The Weigh bridge, if any, should also be got verified and stamped every year. Test weights, duly verified and stamped, equal to 10% of the capacity of the weigh bridge, should be maintained at the weigh bridge for testing at the time of surprise visit. The copies of the verification and Stamping Certificates issued by the inspector, should be displayed at the sites where the weights, etc., are used.
Prohibition of quotation etc. otherwise than in terms of Standard Weight or Measure ( Metric System)
No person shall, in relation to any goods or things which are sold, transferred, distributed or delivered:
1. Quote, or make announcement of, whether by word of mouth or otherwise, any price or charge or
2. Issue or exhibit any price list, invoice, cash memo or other document or
3. Mention any weight or measure in any advertisement, poster, or other document, or
4. Indicate the weight of measure of the net contents of any package on the package itself or on any label, carton or other thing or,
5. Express, in relation to any transaction, industrial production or protection, any quantity or dimension, otherwise than in accordance with the standard weight or measure.
Some Clarifications
You cannot declare When Packed on packages containing paint.
Normally, a label is made of paper on which all the mandatory declarations are to be printed. No minimum size is prescribed. The label should be able to accommodate all the six declarations by maintaining the height of the numerals, free space, etc.
It is necessary to present the newly purchased weight, etc., to the inspector for re-verification and stamping before the expiry date.
SAMPLE LABEL
For font heights and free space around the declaration of net quantity you may please refer to page 5 of this Booklet. Shade or any other information may be made on a sticker and affixed on the package without blocking any of the statutory declarations. All the six statutory declarations shall be on the single label.
ACRYLIC EMULSION PAINT
Net Qty.:
MRP Rs. __________________ incl. of all taxes
Mfd./Imported by _______________(Factory address) / Regd office address from 1-1-2016
Month & Year of Manufacturing / Packing /Importing _______
For any complaint please contact ___________(designation)
Consumer Care Cell. Tel. No. __________ (E-mail ID if available, from 1-1-2016 it is compulsory)
Appendix A
MAHARASHTRA LEGAL METROLOGY MANUAL 2011.
14.2.2O annex xx
(SEE CLAUSE 7.8 OF CHAPTER VII)
Format of application for Registration as manufacturers, packers and importers of Packaged Commodities.
(Under Rule 27 of The Legal Metrology (Packaged Commodities) Rules, 2011)
1) Name of the applicant __________________________
2) Name(s) of the Proprietor/Partner/Director __________________________
3) Complete address of the premises __________________________
4) Number of the commodities __________________________
5) Name of the commodities __________________________
( to be manufactured/packed/imported) __________________________
Signature of the applicant/
Authorized person
== (Applicant should attach copies of relative documentary proof in support of the above contents)
Declaration
I/We _______________________________________________________________
have read The Legal Metrology Act 2009 and the Legal Metrology (Packaged Commodities) Rules,2011 and agree to abide by the same.
I/We also state that the contents given in the application are true and correct to the best of my/our knowledge.
Fees of Rs.500.00 for registration of manufacturer / packer/ importer of pre-packed commodities is enclosed.
Signature of the applicant/
Authorized person
Form And Fee may vary from state to state
Appendix B
MAHARASHTRA LEGAL METROLOGY MANUAL 2011.
14.1.13 Schedule XIII of Legal Metrology (General) Rules, 2011
Nomination
Format for nomination of the Director by the Company
(See Rule29 of the Legal Metrology (General) Rules, 2011)
Notice is hereby given that Shri / Smt/ Mrs. __________________________ Director of the _____________________________________________________________
(name and address of the company) has been nominated by the Company by a Resolution passed at their meeting held on _________________ at ______________
_________________________________________________ to be in-charge of, and responsible for the conduct of business of the company or any establishment/branch/unit thereof and is authorized to exercise all such powers and take all steps as may be necessary or expedient to prevent the commission of any offence by the said company under The Legal Metrology Act 2009.
Shri / Smt/ Ms_______________________________________________________, Designation ___________________________ Has accepted the said nomination and copy of said acceptance is enclosed herewith.
A certified copy of the said Resolution is also enclosed.
Managing Director/Secretary of
(Name of the company)
Place __________________
Date __________________
Note:- Score out the portion which is not applicable.
Appendix C
EXTRACT FROM MAHARASHTRA LEGAL METROLOGY MANUAL 2011.
| Sr. No. | Nature Of Offence | Violated Sec. With Penal Sec. | Fine Rs. | Max. Compounding Amount Rs. | Penalty for second and subsequent offence | Comp./Non-Compoundable (Yes/No) |
| 1. | Non compliance | 18(1)/36(1) | Max. extend | Rs. 15000/- | 1) Up to Rs. 50000/- | Y |
| of declaration | to Rs 25000/- | 2) not less than | ||||
| of prepackage | Rs. 50000/- but | |||||
| dcommodity by | extend to | |||||
| mfg/packer/ | Rs. 100000/- or | |||||
| importer | with imprisonment | |||||
| up to one year or with both | ||||||
|
|
||||||
| 2. | Non compliance | 18(1)/36 (1) | Max. extend | Rs. 10000/- | 1) Up toRs.50000/- | Y |
| of declaration of | to Rs. 25000/- | 2) not less than | ||||
| prepackaged | Rs. 50000/- but | |||||
| commodity by | extend to | |||||
| wholesale dealer/ | Rs. 100000/- or | |||||
| distributor | with imprisonment | |||||
| up to one year or with both | ||||||
|
|
||||||
| 3. | Non compliance | 18(1)/36 (1) | Max. extend | Rs. 5000/- | 1) Up to Rs.50000/- | Y |
| of declaration of | to Rs. 25000/- | 2) not less than | ||||
| prepackaged | Rs. 50000/- but | |||||
| commodity by | extend to | |||||
| retailer | Rs. 100000/- or | |||||
| with imprisonment | ||||||
| up to oney ear or | ||||||
| with both | ||||||
Fines may wary from state to state
Useful sites –
- Ministry of consumer affairs Food & Public Distribution www.fcamin.nic.in
- legalmetrology.maharashtra.gov.in
- metrologycentre.com
- mrsurekaco.com
