Under Section 49 of the Legal Metrology Act, 2009, a company can nominate one of its directors as responsible for compliance. Without a nomination, every director and person in charge may be liable for offences by the company. The nomination is filed with the Director of Legal Metrology or the state Controller with the director's consent and board resolution.
Why nominate
To concentrate compliance responsibility and protect other directors from prosecution for company offences.
Process
- Board resolution nominating a director.
- Director's written consent.
- File nomination with authorities.
- Acknowledgement.
Who should be nominated
A director who oversees operations, packaging or sales compliance.
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Refile when the nominated director changes.
Frequently asked questions
Is nomination mandatory?
Not mandatory, but highly recommended.
Can a non-director be nominated?
The provision refers to directors.
Does nomination cover all states?
File with the central Director or each relevant Controller as applicable.
Is it relevant for e-commerce sellers?
Yes, for companies selling packaged goods.
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