law: The Legal Metrology Act, 2009
  49. Offences by
  
  companies and power of court to publish name, place of business, etc., for
  
  companies convicted. -
  1.  Where
  
  an offence under this Act has been committed by a company,-
  a.  
   
  
   i.  
  
    the
  
  person, if any, who has been nominated under sub-section (2) to be in charge
  
  of, and responsible to, the company for the conduct of the business of the
  
  company (hereinafter in this section referred to as a person responsible); or
   
  
   ii.  
  
  
  
    where
  
  no person has been nominated, every person who at the time the offence was
  
  committed was in charge of, and was responsible to, the company for the conduct
  
  of the business of the company; and
  a.  
  
  
  b.   the company, shall be
  
  deemed to be guilty of the offence and shall be liable to be proceeded against
  
  and punished accordingly: Provided that nothing contained in this sub-section
  
  shall render any such person liable to any punishment provided in this Act if
  
  he proves that the offence was committed without his knowledge and that he
  
  exercised all due diligence to prevent the commission of such offence.
  1.  
  2.  
  
    Any
  
  company may, by order in writing, authorise any of its directors to exercise
  
  all such powers and take all such steps as may be necessary or expedient to
  
  prevent the commission by the company of any offence under this Act and may
  
  give notice to the Director or the concerned Controller or any legal metrology
  
  officer authorised in this behalf by such Controller (hereinafter in this
  
  section referred to as the authorised officer) in such form and in such manner
  
  as may be prescribed, that it has nominated such director as the person
  
  responsible, along with the written consent of such director for being so
  
  nominated. Explanation.-Where a company has different establishments or
  
  branches or different units in any establishment or branch, different persons
  
  may be nominated under this sub-section in relation to different establishments
  
  or branches or units and the person nominated in relation to any establishment,
  
  branch or unit shall be deemed to be the person responsible in respect of such
  
  establishment, branch or unit.
  3.  The
  
  person nominated under sub-section (2) shall, until-
   
  
   i.  
  
    further
  
  notice cancelling such nomination is received from the company by the Director
  
  or the concerned Controller or the authorised officer; or
   
  
   ii.  
  
  
  
    he
  
  ceases to be a director of the company; or
   
  
   iii.  
  
    he
  
  makes a request in writing to the Director or the concerned Controller or the
  
  legal metrology officer under intimation to the company, to cancel the
  
  nomination, which request shall be complied with by the Director or the
  
  concerned Controller or the legal metrology officer, whichever is the earliest,
  
  continue to be the person responsible: Provided that where such person ceases
  
  to be a director of the company, he shall intimate the fact of such cessation
  
  to the Director or the concerned Controller or the authorised officer: Provided
  
  further that where such person makes a request under clause (iii) the Director
  
  or the concerned Controller or the authorised officer shall not cancel such
  
  nomination with effect from a date earlier than the date on which the request
  
  is made.
  1.  
  2.  
  3.  
  4.    Notwithstanding
  
  anything contained in the foregoing sub-sections, where an offence under this
  
  Act has been committed by a company and it is proved that the offence has been
  
  committed with the consent or connivance of, or is attributable to the neglect
  
  on the part of, any director, manager, secretary or other officer, not being a
  
  person nominated under sub-section (2), such director, manager, secretary or
  
  other officer shall also be deemed to be guilty of that offence and shall be
  
  liable to be proceeded against and punished accordingly.
  5.  Where
  
  any company is convicted under this Act for contravention of any of the
  
  provisions thereof, it shall be competent for the court convicting the company
  
  to cause the name and place of business of the company, nature of the
  
  contravention, the fact that the company has been so convicted and such other
  
  particulars as the court may consider to be appropriate in the circumstances of
  
  the case, to be published at the expense of the company in such newspaper or in
  
  such other manner as the court may direct.
  6.  
  
    No
  
  publication under sub-section (5) shall be made until the period for preferring
  
  an appeal against the orders of the court has expired without any appeal having
  
  been preferred, or such an appeal, having been preferred, has been disposed of.
  7.  
  
    The
  
  expenses of any publication under sub-section (5) shall be recoverable from the
  
  company as if it were a fine imposed by the court. Explanation.-For the
  
  purposes of this section,-
  a.   "company"
  
  means any body corporate and includes a firm or other association of
  
  individuals; and
  b.   "director",
  
  in relation to a firm, means a partner in the firm but excludes nominated
  
  directors, honorary directors, Government nominated directors.