LMPC Guidelines for registration of Import Licenses in India
- April 03, 2023
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LMPC Guidelines for registration of Import Licenses in India
Every Business Trader wanting to import pre-packaged goods for sales/distribution must apply for the import license in India to any of the following Authorities:
- Director of Legal Metrology in the Central Government
- Controller of Legal Metrology at the State Level
Suppose the Authority, such as the Director or Controller of Legal Metrology, accepts the importer registration application. In that case, it will register the designated Importer's name and address and grant them an Importer's LMPC certificate. This registration is valid for a minimum of one and a maximum of five fiscal years.
Therefore, if you are interested in selling pre-packaged goods in a state, you must apply to the LM Controller of the corresponding state. The applicant must register with the LM Director at the Centre to sell the imported articles in multiple states.
Import License requirements: Where to apply for Import License?
Some Indian States facilitate online LMPC importer registration. For instance, in Maharashtra, you can submit your import license application with the necessary documents on the Maharashtra Industries Department's official portal.
Suppose the online facility for Importer's registration is unavailable in your state. In that case, the applicant must visit the local LM Controller Department and submit his application in person. You can also hire a consultant to do the legal legwork for you. Find such third-party agents over the internet.
Declarations for Legal Metrology Registration for Importer
To receive the Importer's LMPC certificate, the applicant must ensure the pre-packaged goods carry a necessary declaration with the following declarations:
- Name of the Importer
- Address of the Importer
- Name of the Manufacturer
- Address of the Manufacturer
- The common name of the commodity in the package
- Country of Origin of the pre-packaged commodity
- Net Quantity of the item in terms of standard unit of weight, measurement, or number
- Date of product's Import
- Date of product's Manufacture
- Maximum Retail Price of the commodity
- Package Dimensions
- Name, Residence, and Contact details such as contact number or email address of the person to be contacted in case of customer complaints
The declaration on the package depends from product to product. The Importer must print the declaration on the package in Hindi or English. LMPC specifies rules on how the declaration must be displayed on the packaging. It also has detailed instructions regarding each information point.
Is the Importers need to get an LMPC Import License in India?
Suppose the import licensee does not possess the LMPC certificate or fails to comply with the LMPC declarations. In that case, the Authority can detain your imported packages. So, to save yourselves from the delays, expenses, and repercussions of a package's seizure by Customs, attain your importer registration before the good arrives in India.
Rules Violations for Import License in India
If the licensee violates any of the Legal Metrology Packaged Commodity rules, then the Authority can penalize them in any of the following manners:
- If rules 27 to 31 of the LMA act are violated, then it will incur a fine is INR 4,000 to the licensee
- For violation of rules for which no punishment can be employed as per the LMA Act, the LM department can slap a fine of INR 2,000 on the import licensee
- If you apply for an Import LMPC certificate after 90 days of the business commencement, then the Authority will charge you a late fee of INR 5,000
The Authority can accompany the fine with legal action if the violation is not the first offense. Usually, it is the manufacturer who is liable.
Presumptions on the Commodity’s Naming Procedure
However, suppose the name and address of the slated entity mentioned on the package's label are not prefixed by the qualifying words 'manufactured by'/'packed by.' The Authority will presume that the name and address belong to the manufacturer. The Authority will determine the liability accordingly. To learn more about Import licenses in India, contact the Legal Metrology experts at the Registrationwala.
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