Provisions on Licensing

Licenses for manufacturing, selling or repairing of any weight or measure is granted by the Controller of Legal Metrology of the state concerned under the provisions of the State Legal Metrology (Enforcement) Rules.

The provisions vary considerably from state to state and the State Enforcement Rules should always be consulted for the exact requirement and also terms and conditions. However, in no state, the license for manufacturing will be issued unless the approval of the model of the machine is obtained beforehand from the Central Government

A license is neither saleable nor transferable and must be prominently displayed at the premises of the business.

Licensing Forms

LM 1, LR 1. LD 1: Format for application for manufacturing, repairing and selling respectively.

LM 2, LR 2. LD 2: Format for application for renewal of manufacturing, repairing and selling license respectively.

LM 3, LR 3. LD 3: Format of license for manufacturing, repairing and selling respectively.



Central Provisions on Licensing

Section 23 the Legal Metrology Act, 2009

(1) No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a license issued by the Controller under sub-section (2):
Provided that no license to repair shall be required by a manufacturer for repair of his own weight or measure in a State other than the State of manufacture of the same.
(2) For the purpose of sub-section (1), the Controller shall issue a license in such form and manner, on such conditions, for such period and such area of jurisdiction and on payment of such fee as may be prescribed.

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.
  • When the Certificate is revoked, the license shall remain suspended till the model is subsequently approved.

Rule 24 of the Legal Metrology (General) Rules, 2011

Every Manufacturer /Dealer/ Repairer shall maintain a register in the prescribed format.

Provisions in the State Enforcement Rules

The form, manner, conditions, period, area of jurisdiction and scale of fees payable have been prescribed under the Model State Enforcement Rules. [Rule 11, 12 and 13].

Rule 11. Licensing of manufacturer, repairer and dealer of Weights and Measures -

(1) Every manufacturer or repairer of, or dealer in, weight or measure shall make an application for the issue of a license to the Controller legal metrology or such other officer as may be authorized by him in this behalf, in the appropriate form set out in Schedule II-A.

Provided that no license to repair shall be required by a manufacturer to repair weight or measure manufactured by him and used in a state other than the state of manufacture of the same, but the manufacturer has to inform in advance the concerned legal metrology officer about the repairing.

(2) Every manufacturer or repairer of, or dealer in weight or measure shall make an application for the renewal of a license within thirty days before the expiry of validity of the license to the Controller legal metrology or such other officer as may be authorized by him in this behalf, in the appropriate form set out in Schedule II-B.

(3) Every license issued to a manufacturer, repairer or dealer shall be in the appropriate form set out in Schedule III.

(4) Every license issued to a manufacturer, repairer, or dealer shall be valid for a minimum period of one calendar year and may be renewed for a period of one to five years, by the Controller or such other officer as may be authorized by him in this behalf on payment of per year fee as specified in the Schedule IV.

(5) The fee payable for the alteration of a license or for the issue of a duplicate license shall be one half of the license fee as specified in Schedule IV.

Many states have added conditions to these list.

Down load Model Formats

Download Schedule IIA: Format for Application of License for

Manufacturing    |    Dealership    |    Repairing

Download Schedule IIB: Format for Application for Renewal of License for

Manufacturing    |    Dealership    |    Repairing

Schedule IV: Licensing Fee

Item
Amount
1. Issue of licence / renewal of licence to:
Manufacturing Rs 500 per year
Dealership Rs. 100 per year
Repairing Rs. 100 per year
2. Alteration of license : Rs. 50
3. Issue of duplicate licence : Rs. 10

Provided that an additional fee at full the rates specified in Schedule IV shall be payable by the applicant if he is permitted by the Controller to make an application for the renewal of a license within a period of three months from the date of expiry of the license.

(6) The Controller or such other officer as may be authorized by him in this behalf shall maintain a register of licensed manufacturers, dealers and repairers in the form set out in Schedule V:

(7) Every manufacturer / repairer / dealer licensed under the Act and these rules shall maintain such workshop / equipment / tools/ registers etc. as the case may be, as per the terms and conditions of the license.

(8) Every repairer licensed under the Act and these rules shall furnish a security deposit for each license to the State Government as specified in Schedule VI.
[Rs. 200]

(9) Every license issued or renewed under this Act shall be displayed in a conspicuous place in the premises where the licensee carries on business.

(10) A license issued or renewed under this Act shall not be saleable nor transferable.

Transmission of License

Section 67 of the SoWM (Enforcement) Act, 1985 which allowed the heirs or legatees to continue business without license for 60 days from the date of transmission of business before obtaining a fresh license stands withdrawn. The provision is not included in the new Act.

Rule 12. Suspension and cancellation of license granted:

(1) The Controller or such other officer authorized by him on behalf may, if he has any reasonable cause to believe that the holder of any license issued, renewed or continued under this Act has made any statement in, or in relation to, any application for the issue, renewal or continuance of the license, which is incorrect or false in any material particular or has contravened any provision of the Act or any rule or order made there under, suspend such license, pending the completion of any inquiry against the holder of such license: Provided that no such license shall be suspended unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action: Provided further that where the inquiry referred to in this sub-section is not completed within a period of three months from the date of suspension of a license, such suspension shall, on the expiry of the period aforesaid, stand vacated.

(2) The Controller or such other officer authorized by him on behalf may, if he is satisfied, after making such inquiry as he may think fit, that the holder of a license has made a false or incorrect statement of the nature referred to in sub-rule (1), or has contravened any law or order referred to in that sub-section, cancel such license:

Provided that no such license shall be cancelled unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action. (3) Every person whose license has been suspended shall, immediately after such suspension, stop functioning as such licensee and shall not resume business as such licensee until the order of such suspension has been, or stands, vacated.

(4) Every licensee whose license has been suspended or cancelled shall, after such suspension or cancellation, as the case may be, surrender such license to the authority by which such license was issued.

(5) Every licensee whose license has been cancelled shall, within a period of thirty days from the date of such cancellation, or within such further period, not exceeding three months from such date, as the Controller or such other officer authorized by him on behalf may, on sufficient cause being shown, allow, dispose of the weights or measures which were in his possession, custody or control on the date of such cancellation and in the event of his failure to do so, the Controller or any other officer authorized by him, in writing, in this behalf, may seize and dispose of the same and distribute the proceeds thereof in such manner as may be prescribed.

Rule 13. Records to be maintained by manufacturers, etc -

Every manufacturer or repairer of, or dealer in weight or measure licensed under the Act and these rules shall maintain records and registers in the appropriate form set out in Schedule VII and also submit such periodical report / returns as may be specified.

Download Schedule IIB: Format for Register to be maintained by the

Manufacturer    |    Dealers    |    Repairer

Penal Provisions in the LM Act, 2009

Section 45: Manufacturing any weight or measure without license is punishable with fine of up to Rs. 20,000. The subsequent offense will be punishable with imprisonment up to one year and also with fine.

Section 46: Repairing or selling any weight or measure without license is punishable with fine of up to Rs. 5,000. The subsequent offense will be punishable with imprisonment up to one year and also with fine.

Section 47: Tempering or altering any license is punishable with fine of up to Rs. 20,000. The subsequent offense will be punishable with imprisonment up to one year and also with fine.

All the offenses may be compounded. if committed for the first time.