Offences by Companies Under Legal Metrology
As many offences under legal metrology are committed by the companies against the interest of the consumer and by not doing the compliance of the rules and regulations of the act. In this article, we are going to study the offences which are committed by the company and what is the punishment for those offences, along with the power of a court of law to take the action against the offender. Offences by the companies and the power of the courtPower of court for the conviction of a company to publish the followings Name of business,Place of business, etc.The offences & penalty under legal metrology, offences committed by company and any offence under the legal metrology act has been committed by the company under the following situations take place. Liability of a Nominated PersonThe person, if any, who has been nominated under the act to be in charge of and responsible to the companies for the conduct of the business of the company hereinafter in the act referred to as a person responsible. Offence by Person in ChargeIn a case where no person has been nominated, in such a situation every person who at the time of the offence was committed was in charge. The person in charge is responsible for the conduct of the business of the company under the act. Offence Committed by a CompanyThe person in charge has all the power to exercise all due diligence to prevent the commission of such an offence. Notice to e-commerce firms by the legal metrology department has been served on the commencement of the offence. The company shall be deemed to be guilty of the offence and shall be liable to be preceded against and punished accordingly. However, nothing contained in the act shall render any person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge. You can check out the penalty under legal metrology for more information. Notice by Legal Metrology OfficerA company can authorise the director in writing to exercise all such powers and take all the steps as may be necessary or expedient to prevent the Commission by the company of any offence under the act. May give notice to the followings:Director, orThe concerned controller, orAny other legal metrology officer authorised in this behalf by such controller,Referred to as authorised officer in such a form and such a manner as may be prescribed that it has nominated such director as a person responsible, along with the written consent of such director nominated.Liability of a Company with Different BranchesWhere a company has the followings: Different establishments, orDifferent branches, orDifferent units in any establishment, orBranch different persons may be nominatedUnder the act concerning different establishments or branches of all units and the person nominated concerning the followings: Any establishment,Branch, orThe person responsible in respect of such an establishment branch or unit. Offence Committed Due to Negligence The person nominated under the act shall until further notice cancelling such nomination is received from the company by the followings: Whose request shall be complied with by the director or the concerned controller or the legal metrology officer, whichever is the earliest, continue to be the person responsible. However, where the above mentioned person/authority ceases to be a director of a company, such person shall intimate the fact of such cessation to the director or the concerned controller or the authorised officer. However, if such person requests the director or other consent controller or authorised officer shall not cancel such information with effect from a date earlier than the date on which the request is made. Notwithstanding anything contained in the foregoing points, where an offence under the act has been committed by a company and it is provided that the offence has been committed with the consent or convenience of or at attributable to the neglect on the part of the followings: not being a person nominated under the act, such director, manager, secretary or another officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In Case of the Conviction of a Company Proceeding of Appeal under Legal Metrology Transactions of a Company Means Under Legal Metrology Transaction of a company means any contract in case the following: Weights or Measures means weighing or measuring specified by or under the act and includes the weighing or measuring instrument. Weights and measures offences and punishment under IPC. For any kind of transaction in the Indian legal metrology system, every manufacturer, Packer, and importer of the commodity needs to comply with all the rules and regulations of the act and the guidelines provided by the central government and the state government as prescribed under the act.









