Liability of director under the provisions of standards of weights and measures act, 1976
SANDEEP GONDALE
(Querist) 14 April 2012
This query is : Resolved
Dear ALL: good wishes from my side
Query:
Section 50. Whoever uses any weight or measure or makes any numeration otherwise than in accordance with the standards of weight or measure or the standards of numeration, as the case may be, established by or under this Act, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to two years and also with fine.
How can we save the Directors of company, if the Network/offices throughout country because it may possible that default may arise under the meaning of this agreement.
Please tell any procedure, case law etc related to this, which help to secure directors from imprisonment or otherwise.
Guest
(Expert) 14 April 2012
Dear Sandeep,
I wonder how you are now concerned with the obsolete standards of weights and measures act, 1976, when the said Act has already been replaced by the new Act known as "The Legal Metrology Act, 2009."
Deepak Nair
(Expert) 14 April 2012
Agree with Dhingra Sir. SWM Act is already repealed and is replaced by Legal Metrology Act.
V R SHROFF
(Expert) 14 April 2012
Apply all provision of metr act , it is simple MRP, wt, Now a days all mfg, traders , packers use this , it is common.
Shonee Kapoor
(Expert) 14 April 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SANDEEP GONDALE
(Querist) 17 April 2012
thanks all for updating me regarding this, as guided by Experts gone through Legal Metrology Act, 2009
HERE ALSO Section 25: Penalty for use of non- standard weight or measure. - Whoever uses or keeps for use any weight or measure or makes use of any numeration otherwise than in accordance with the standards of weight or measure or the standard of numeration, as the case may be, specified by or under this Act, shall be punished with fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine.
My Query still unresolved:
Is there any ways by which we can save Company Directors from vicarious liability, because there is possibility of default in case of offices through out India.
Please guide me.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 April 2012
You can nominate one person as detailed below-
Offenses by Companies
Section 49
A company may nominate a person who will be responsible for the conduct of the company. Such nomination should be communicated to the Director of Legal Metrology or the concerned Controller.
The nominated person and the company itself will be held responsible for violation of provisions of the Act.
When no person is nominated, the person who is in charge or responsible to the company will be held responsible.
Even if a person is nominated, any other person responsible to the company and due to whose consent or negligence led to the violation will also be held liable for any offense committed.
When a company is convicted, the Court may direct the company to publish its name and the offense committed by it in the newspapers at the cost of the company.
Guest
(Expert) 17 April 2012
Dear Sandeep,
About your supplementary question, there is one escape route as mentioned in the proviso below sec.49 of the Metrology Act. However, if the offence relates to the old Act , i.e., for the period prior to the introduction of the present Act, the offence can be compounded under the provisions of sec.48, ibid.
