Any company having different branches/branches/units in different cities or localities may designate an authorised person who has the power and responsibility to supervise (plan, direct and control) all the activities of that particular entity or branch or entity in accordance with section 49(2) of the Legal Metrology Act 2009. The designated person will now be responsible for managing the operations of that institution, branch or unit. Luckily, at Registrationwala, we`re here for you. Thanks to our expertise in the field of legal metrology, we weave for you the necessary and overly complicated material of legal metrology. For more information, please contact us. In accordance with § 49 of the statutory law on measurement, the user may designate any person or persons responsible for the conduct of the Company`s activities and responsible for ensuring that the products and services in which the Company participates comply with the measurement laws. Legal metrology is a law full of complexity and complications. If you don`t understand it or misinterpret it in any way, you can expect hefty penalties. That`s why it`s important that you understand the different aspects of the laws in a simple format that is relevant to your business. The procedure for appointing a director in the context of legal metrology under Article 49(2) of the Law on Legal Metrology is as follows: Section 49 (4) clearly states that if an offence under this Act has been committed by a company and it is proved that the offence was committed with the consent or acquiescence of a director, a director, secretary or other officer or was due to the negligence of a director, director, secretary or other officer who is not a designated person under subsection (2), That director, manager, secretary or other officer is also deemed guilty of this offence and may be prosecuted and punished accordingly. Where a company has different establishments or branches or entities within a permanent establishment or branch, different persons may be designated in accordance with this Sub-Section in respect of different establishments, branches or units, and the person designated for a branch, branch or unit shall be deemed to be the person responsible for that permanent establishment; Branch or unit. Case 2: If you have not appointed a director for your company to deal with the legal aspects of measuring your company`s products or services, and your company commits a crime directly related to the Legal Measure Act, then your entire company will be held liable.
Thus, your entire company would be punished. Case 1: If you are appointed as a director of the company and your company has committed a crime that violates the rules of the law on legal metrology, you, as the director of the said company, are solely responsible and must face a corresponding sanction. You would bear the brunt of penalties while ensuring the safety of your business. In this spirit of simplicity, we bring you a blog on the appointment of directors in the context of legal metrology. If you take all these aspects into account, you might think that the license in legal metrology, as important as it is, brings a whole complication that goes far beyond the understanding of an ordinary man. It is essential that you appoint a managing director for your company in accordance with § 49 of the legal metrology. The reason for such a decision can be understood in the following cases. While Article 49 of the Law on Legal Metrology sets out the reason for the appointment of directors of a company, paragraph 7 explains the company and the director.
Company A with 3 directors with 4 different production units/factories. In the current scenario and considering Article 49(2), 1 Director who has been appointed remains responsible for all activities/violations under the Legal Metrology Act 2009. After the modification and appointment of various authorized persons (factory), the director is not responsible for non-compliance with laws / declarations / conformities for the 4 different production units. Previously, in the event of a violation of legal metrology, criminal proceedings were instituted against the directors of companies, including for the offence committed by an establishment or branch or unit within an establishment or branch of the company. This allows companies to designate, in place of the director of the company, a person who is effectively responsible for the activities of a branch or branch of the company who is not directly involved in the day-to-day operations of that branch. The appointment of a director is very beneficial and is a useful tool to reduce the penalties and the extent of damage that can be caused to the company in case of default. Since the legal right of measurement is the consumer law applicable to a wide range of products and, due to its technical nature, is very susceptible to non-compliance by its users. In case of a criminal offense, the user is not only fined, but in many places there are also prison sentences. The appointment of directors not only strategically reduces the number of penalties, but also helps save the unappointed officers of the company`s individuals from prosecution and jail time. Companies that have foreign investment in their business and also have independent foreign directors always ensure that their foreign directors do not receive notification from an Indian ministry as this could affect their use of foreign investment. In the above statement, it is clear that partnerships, associations of persons, to which Trust & Societies belong, can benefit from the appointment of the director.
This penalty can range from high penalties or, depending on the degree of violation, the complete liquidation of the corporation. When we talk about businesses, we also mean businesses and associations of individuals. Article 49 of the Legal Metrology Act of 2009 allows companies to appoint one of their directors as responsible for the company`s operations. Since section 49, which deals with the appointment of the director, gives the impression that only corporations are authorized to appoint directors, that is why it has often been doubted that partnerships, corporations, associations of individuals, trusts, corporations. The government has issued regulations for the appointment of directors by this type of corporation. According to Article 49 of the Law on Legal Metrology 2009, the legislation explaining the definition of company and director as follows: With this amendment, companies with different branches or units or different units within an establishment or branch can now appoint an official who has authority and responsibility for the operations and activities of the institutions or branches or different units. Subsection 49(2) clearly states that “a company may, by written order, authorize a director of the company to exercise any of those powers and to take any measure necessary or expedient to prevent the director from committing an offence under this Act.” .