WHAT IS NOMINATION UNDER LEGAL METROLOGY ACT, 2009?

Date : 2022-02-12

The first question that many of us come across is what exactlymetrology is and how it is relevant and important to our lives. What and why does metrology is linked to our day-to-day curriculum and activities? The science that deals with measures and weights isknown as Metrology. In India, metrology is pre-dominantly existing since time immemorial even still the concept of metrology is facing a back seat in the country. Hence, to overcome this the government of India took the initiative and established a uniform act dealing with all the standardized provisionsrequired in dealing with weights, measures, and the pre-packaged commodities in the country. Such an act along with the rules was named as Legal Metrology Act, 2009 

Under the Legal Metrology Act, 2009 every person dealing in weights and measures must get themselves registered, failing to which they will be held guilty of committing an offence under the Act and will be punishable with a fine and imprisonment as per the provisions of the Act. The term ‘person’ in thelegal metrology act is defined under Section 2(m) and includes- 

  • A Hindu undivided family, 

  • Any department  

  • Any office 

  • Any organizationconstituted by the government, 

  • Any local authority, 

  • Any company or a firm, 

  • Constituted trust, 

  • Any co-operative or any other society registered under the Act. 

Thereby, every person mentioned above is found to be dealing, manufacturing, repairing, importing or packing any weights or measures in India is compulsorily required to get themselves as well as the weights and measures they are dealing in registered under the Legal Metrology Act, 2009. 

Since the term person under the legal metrology act includes companies as well, hence offences committed by companies are covered under Section 49 of the Legal Metrology Act. Section 49 of the Legal Metrology also deals with the nominee under the metrology laws 

Section 49 sub-clause (2) of the Legal Metrology Act states that: 

Every company has its different subsidiaries, branches and offices located at different places;thus, every company should appoint in writingthereby authorizing any of its directors to be in charge of and responsible for conducting all the daily business affairs of the company. Such authorized directors act as a nominee under the Legal metrology Act and are liable to exercise and take all necessary steps to prevent the company from committing any offence under this Act. It is the duty of the company to inform along with written consent of such director that such director will now onwards act as a nominee under the legal metrology and will be solely responsible for any future business conduct on behalf of the company tothe authorized Director or Controller or any legal metrology officer. If at any moment the company is found to be held guilty of an offence then such director appointed as the nominee under the legal metrologywill be found to be guilty on behalf of the company and will be liable against fines and punishments as prescribed under the provisions of the Meteorology Act. 

Conclusion

With years of experience in the field of legal metrology, we can easily say that legal metrology being very important expertise in India is not an easy task to deal with. Every person dealing in Legal Metrology at some point or the othershould take proper advice and assistance of an experienced legal metrology consultants to avoid any future mishaps under Legal Metrology in India especially for the assistance in the process of appointment of nominee director under metrology law. 

Our team of Legal Metrology Consultants at ELT Corporate is one of the leading platforms in India under Legal Metrology. We believe in imparting more wisdom and knowledge of metrology laws to upgrade the status of metrology laws in India. Our vision is not only just limited to expanding knowledge by conducting seminars or webinars but also believes in providing experts solutions to each one of you out there facing troubles under the legal metrology in India. Our services from registration to consultations can be very easily accessed online through our leading website and the contact number provided therein. We are always there to connect with our clients any moment they need us!We are always at your service!

Author : ELT Consultants