Section 49: Offences by companies and power of court to publish name, place of business, etc., for companies convicted

Q: What does Section 49 of The Legal Metrology Act, 2009 (TLMA) deal with?

Section 49 TLMA pertains to "Offences by companies and power of court to publish name, place of business, etc., for companies convicted". It is part of the The Legal Metrology Act, 2009, a legislation enacted by the Parliament of India. Section 49 of The Legal Metrology Act, 2009 (TLMA) governs offences by companies and power of court to publish name, place of business, etc., for companies convicted. As verified on 19 May 2026.

Q: Is Section 49 TLMA still in force?

Yes, Section 49 of the The Legal Metrology Act, 2009 is currently in force across the Republic of India.

Q: What is धारा 49 TLMA?

धारा 49 TLMA is the Devanagari Hindi reference for Section 49 of the The Legal Metrology Act, 2009. Section 49 of The Legal Metrology Act, 2009 (TLMA) governs offences by companies and power of court to publish name, place of business, etc., for companies convicted. As verified on 19 May 2026.

Q: What is Dhara 49 TLMA?

Dhara 49 TLMA is the Roman Hindi reference for Section 49 of the The Legal Metrology Act, 2009. "Dhara" means "Section" in Hindi. Section 49 of The Legal Metrology Act, 2009 (TLMA) governs offences by companies and power of court to publish name, place of business, etc., for companies convicted. As verified on 19 May 2026.

Q: How to cite Section 49 of The Legal Metrology Act, 2009?

Cite as: "Section 49, The Legal Metrology Act, 2009 (TLMA)" in legal briefs. For academic writing, use the BlueBook format: The Legal Metrology Act, 2009, § 49 (India).

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(1)

Where an offence under this Act has been committed by a company,—

(a) 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

(b) the company,

(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:

(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.