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Every business intending to manufacture pre-packaged commodities or calibrated instruments must secure the necessary Manufacturing License Certificate from the Department of Legal Metrology. This license is issued in two categories: Manufacturer and Packer. This article focuses on the legal prerequisites for applying for a Manufacturing License and outlines the post-registration compliance requirements that every registered manufacturer must adhere to under LMPC regulations.
Manufacturing license is a legal permit issued by the Legal Metrology Department (LMD). This license is required for manufacturing weights and measures in India. To obtain this license, an industrial licence registration application must be filed with the Legal Metrology Department of the state where the manufacturing unit is located.
Securing a manufacturing license certificate ensures the company’s compliance with legal standards, which can help to reduce trade barriers, increase credibility and contribute to government revenue.
The applicant must file the manufacturing license application in the prescribed LM-1 form. In addition, the requisite documents must accompany it. But before filing the license application, the applicant must comply with the Legal Requirements for filing the Manufacturing Certificate India:
The applicant manufacturer must have physical possession of the manufacturing facility. For such purpose, they must provide any of the following details as proof of address:
Latest Rent Receipt
House Tax Receipt
Sale Deed
No Objection Certificate, in case the premise is rented
Every Manufacturing Unit must be appropriate. The premises must be established on the ground level rather than any of the storeyed buildings. The facility can be in any of the following vicinity:
Multi-storeyed Commercial Complexes: A commercial building with multiple storeys.
Flatted Factories of Industries Plants: A flatted factory is a multi-story industrial building divided into smaller units.
Industrial Estates
DDA/DSIDC Flatted Factories: Flattered factories owned by DDA or DSIDC.
Local Government Factories: Factories owned by the local government.
But the appropriateness of premises will be assessed by the Licensing Authority before the issue of the Manufacturer License.
Every manufacturing applicant must maintain the following at its designated plant:
Equipment for Manufacturing the concerned items
Tools for Manufacturing the concerned items
Hardness Testing Equipment
Platform Machines
Weighbridges
Proof of workshop tools attainment
Testing Facilities for the manufactured products
If the applicant is not a Proprietorship, then the applicant must submit the following documents as per the nature of their corporate structure:
In the case of a Partnership Firm, Partnership Deed attested by any of the following entities:
Notary: A notary is a public official who witnesses the signing of legal papers and confirms their legitimacy.
Oath Commissioner: An oath commissioner, or Commissioner of Oaths, is a law officer with the authority to administer oaths and affirmations.
Class I Magistrate: A Class I Magistrate, or Judicial Magistrate of the First Class, is a judicial official in India.
In the case of a Limited Company, Incorporation Certificate, Memorandum of Association and Articles of Association must be approved by the following entities:
Registrar of Companies
Ministry of Company Affairs
Government of India
The Applicant Manufacturer must provide a copy of the technical literature detailing the specifications and design of the to-be-manufactured products.
Miscellaneous
Business Experience Certificate
Financial Statement of the Company
Trademark Registration Certificate of the Manufacturing Certificate License
The applicant must submit proof of sanctioned load required for the proper functioning of the Manufacturing Facility.
We have enlisted some of the following compliance under the Legal Metrology Act for a registered Manufacturer:
Every Manufacturer who manufactures a commodity for distribution, sale, or delivery must get the requisite License for Manufacturing under the Legal Metrology Packaged Commodities Rules.
As one of the important compliance under Legal Metrology, the LMD does not permit the use or sale of any measuring instrument without stamping & verification of the product. Therefore, any person using any weights and measuring instrument must get the requisite stamping & verification from the Inspecting Authority.
Here, Re-verification of the facility is also mandatory for the continuous use of measuring instruments for transactions. Also, the immovable measuring instrument must be stamped and verified at its location.
Every Manufacturer must maintain proper records & registers of the weights & measures manufactured at their facility. In addition, every Licensed Manufacturer must submit periodic reports to the Controller of Legal Metrology. Here, reporting timelines and their requirements vary from state to state.
Every Business uses standards of weights & measures. Each of them comprises the following units:
Length
Temperature
Volume
Unit
Mass
Capacity
Area
The Instrument Usage by a standard unit of weight, measure, and numeration is essential for the following:
Issuing cash memos, price lists, and invoices
Determining the net quantity of the manufactured commodity
Quote manufactured products’ price
Publish an advertisement for the commodity
The declaration is one of the vital components of compliance filing as per the Legal Metrology directives. It obligates the Manufacturer to pack, sell, deliver, offer, manufacture, expose, or possess a commodity in its standard form for sale. The Manufacturer must make the mandatory declarations on every package to be circulated within the country. The Manufacturer must compulsorily put the following declarations on its packages:
Country of Origin
Maximum Retail Price
Name of the Manufacturer
Address of the Manufacturer
Dimension of the Product
Date of Manufacturing
Date of Expiry
Local Name of the commodity
Net quantity of the package
The applicant must apply with the prospective Name, address of manufacturing premises, and commodity name, as well as the requisite fee. The regulations can vary from state to state. Every Manufacturer must get a license from the Controller of Legal Metrology.
To know more, connect with the Legal Metrology experts at Registrationwala.
Q1. How to get a manufacturing license in India?
A. To get a manufacturing license in India, you must file an application with the Legal Metrology Department of the state where you wish to conduct manufacturing business.
This post was originally published on January 18, 2023 and has been updated on December 13, 2024, to provide you with the most current and accurate information.
Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.
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