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Director Nomination Under Legal Metrology

  • September 20, 2021
  • Registrationwala

Legal metrology is a law that's ripe with complexity and complications. If you don't understand it or misinterpret in some way, you can face hefty penalties. That's why, it's important for you to understand the various aspects of its laws in a format that is simple and relevant to your business.

In such spirit of simplicity, we are bringing to you a blog about director nomination under legal metrology.

What is director nomination under legal metrology?

As per the section 49 of the legal metrology act, user can nominate any person or persons responsible for conducting business of the company and making him or her responsible for ensuring that the products and services that the company partakes in are in accordance with the legal metrology laws.

You absolutely must nominate a director for your company under Section 49 of the legal metrology. The reason of such a decision can be understood by looking at the following cases.

Case 1: If you are appointed the director of the company and there has been some offense committed by your company that goes against the rules of Legal metrology act, then, as the director of the said company, you'd be solely held responsible and shall have to deal with any penalty accordingly. You'd get the brunt of the penalties while your company would remain safe.

Case 2: If you have not nominated any director for your company to deal with the legal metrology aspects of your company's product or services, and your company commits an offense that's in direct contrivance to the legal metrology act, then your entire company would be held responsible. Thus, your entire company would face penalty. That penalty can be anything from a hefty penalty fees or depending upon the degree of the offense, complete dissolution of the company.  

What are the conditions for nomination of directors in case of firms or association of individuals?

While Section 49 of the Legal Metrology act spells out the reason pertaining to the nomination of directors of a company, the sub section (7) gives explanation of the company and the director.

1.       When we say company, we also mean firms, and association of individuals.

2.       When we say directors, it would mean "partners" in case of a firm.

What is the procedure of nomination of director under legal metrology?

The procedure of nominating a director under legal metrology as per the Section 49(2) of the Legal metrology act is as follows;

1.       First, the company has to obtain the consent of the partner of the firm or the director of the company who it wishes to nominate as the director under legal metrology.

2.       The company will nominate a director

3.       The company will then pass a written order of the same regard

4.       The company will then inform the director or the controller of the legal metrology department of the same.

Note: In case there are multiple branches of the same company, firm or association of individuals, each branch has to nominate its own director under the legal metrology.

How can cancel the nomination

Under the following circumstances, the nomination of the director will be called off:

1.       If the legal metrology has received any notice from the company's director, the concerned controller or any authorized officer.

2.       If the person nominated has stopped being the director of the company.

3.       If the person nominated to be the director of the company has filed the request for cancellation of his or her nomination to the legal metrology department.

Conclusion

The director under Legal Metrology is difference from a standard director of the company. He or she in this case, is specifically made the director to take care of the Legal Metrology aspects of the products or services that the company deals in. When you consider all of these aspects, you might consider that legal metrology license, as important as it is, brings along with it a fair bit of complication far beyond the understanding of a common man. Thankfully, we of Registrationwala are here for you. With our legal metrology expertise, we will un-weave the necessary and overly complicated matter of legal metrology for you. For further details, contact us. 


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