Importance of Director Nomination Under Legal Metrology
Legal Metrology is one of the most frequently misunderstood by the company resulting in heavy fines. All the acts and complaints are very simple. There is a lot of misunderstanding about dictation which needs heavy petting about the current compliance and works under the legal metrology. In this article, we will discuss the director’s nomination under the legal metrology act.
Director nomination under Legal Metrology Act
- The nomination of the director is made as per section 49 of the act. The Act permits the user to nominate any person as responsible for the product of the business of the company and services.
- Hence the said person shall be responsible for the compliances under legal metrology.
- Let’s discuss it with the example
- If the person is appointed as the director of the company and there has been wrongdoing committed by the company that violates the legal metrology and then being a director of that company they would be solely accountable and diverse or any penalty according to the director will pay the fine.
- The other situation is if the company does not nominate the director and this legal aspect of the business product or service and the company is found to have committed an offense under the legal metrology then the entire company will be held accountable. Also, the company will be subject to a penalty.
- A heavy fine will be imposed on the company’s liquidation depending on the seriousness of the office.
From the above-mentioned examples, you know why nominating a director is important.
Appointment Procedure of Director
Here we are going to discuss the requirements of the appointment procedure for the director and how to cancel the appointment of the director. There are legal metrology laws on marketplace E-Commerce Entities. The requirement and Procedure to appoint the director is given below:
- Both the requirements and procedures for directors combination with the nomination of directors by a corporation are explained in section 49 of this legislation.
- Subsection 7 based on the companies and nominated directors detailed explicit company includes the followings:
- Body corporates,
- Further including firms, and
- Associations of course directors,
- On the other hand, refer to the company’s activity on its behalf or directors nomination companies follow section 49 of the legal metrology act.
- The process of directors nomination is done before appointing the company’s first name. The approval of the director of the company whom it wants to appoint as the director as per the legal metrology must be in written form.
- The written consent is mandatory from the director’s side company in the form of a written order and the company will then notify the director or controller of the department of legal control. Also, you can check out the procedure of appointment of officers under legal metrology.
- In the case of a partnership firm, the partnership firm must also nominate the director under section 49 of the legal metrology act.
- Now let’s talk about the circumstances under which the nomination made according to section 49 of the legal metrology act 2009 can be canceled.
- It can be canceled if the company’s director, the concerned controller, or any authorized officer has given notice the person who was nominated is no longer a director of the corporation he must inform the company’s director, concerned controller, or any other authorized officer of this discontinuation the individual nominated.
- If the nomination is cancelled by the company’s director-concerned controller or any authorized authority the written request must be submitted to the company’s director-concerned controller or authorized legal controller.
- The nomination cannot be revoked before the specified date in the request letter.
- Legal Metrology is the scientific study of weights and measurements which became locked in 2000 and now in the year 2022 to investigate all areas of legal metrology obtaining a valid metrology license. However, it can be time-consuming and complicated as per the Legal Metrology rules and act.
Legal Metrology for Accuracy in Weights & Measures
Legal Metrology refers to signs of measurement. Legal Metrology is a branch of Metrology that deals in the followings:
- Unit of weight and measurement
- Method of weight and measurement
- Weighing and measuring instruments concerning the technical and legal requirements have the object of ensuring public guarantee from the point of view of security and accuracy of weights and measurement.
Facts about Legal Metrology
- So essentially legal methodology deals with weights and measurements of the balance number of products that we are buying in our day-to-day life.
- Look at the constitutional provisions that bought the 42nd amendment of the constitution that dealt with the implementation of the law relating to weights and measures in the following terms:
- Establishment of the standard of weights and measures under union list entry 50, and
- Second weights and measures except for the establishment of standards under concurrent list.
- It was essentially the 42nd amendment through which the weights and measure activities came into the country under the Indian Legal Metrology System.
- Before the Legal Metrology Act of 2009, we also had an act earlier which is known as the weights and measures act.
- However, now we have the legal metrology act of 2009 that regulates weights and measurement in the country so this is the most important act which is regulating weights and measurement in the country.
- The act was implemented with effect from April 2011 which is a combination of essentially the two previous legislations that are:
- The standard of weight and measure act 1976, and
- Standards of weight and measurement act of 1985
- The above two acts were merged and superseded and essentially we have the legal metrology act, 2009 which came into force in 2011. (Read also: Where the issue of a certificate of approval is not recommended)
Legal Metrology Rules by Government
However, to ensure uniform enforcement of laws relating to legal metrology in the country, the government has enacted the following rules
- The Legal Metrology (General) Rules, 2011.
- The Legal Metrology (Package Commodity) Rules, 2011.
- The Legal Metrology (Model Approval) Rules, 2011.
- The Legal Metrology (National Standard) Rules, 2011.
- The Legal Metrology (Numeration) Rules, 2011.
- Indian Institute of Legal Metrology rule 2011.
- Legal Metrology (Approved Test Center) Rules, 2013.
- The State Legal Metrology (Enforcement) Rules, 2011.
In India, we have around 7-8 rules that follow the Legal Metrology Act, 2009 which plays an important role in the Indian legal metrology system.