Rule 29 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
When a company commits an offence under the Legal Metrology Act, the law asks who was in charge. Section 49 lets the company nominate one of its directors as the person responsible. Rule 29 is the procedure: a notice, in duplicate, in the Thirteenth Schedule format, with the director's written consent. If your company needs to make or update a nomination, our director nomination service can help prepare the papers.
Every company must inform the Director (Legal Metrology), or the concerned Controller, or his authorised officer, by notice in duplicate in the Thirteenth Schedule format, giving the name and address of the director nominated under section 49(2), after obtaining that director's written consent. The nominee is in charge of and responsible for the conduct of the company's business, or of a particular establishment, branch or unit. The Thirteenth Schedule format is a short notice that records a resolution of the company, the nominee's acceptance and is signed by the Managing Director or Secretary.
The text of rule 29
Rule 29 is headed "Nomination of Director by a Company under the Act". It reads: "Every company shall inform the Director (Legal Metrology) or the concerned Controller or his authorized officer, by notice in duplicate, in the format specified in Thirteenth Schedule containing the name and address of its Director after obtaining his consent in writing, who has been nominated by the company under sub-section (2) of Section 49 to be in-charge of and be responsible for the conduct of business of the company or any establishment, branch or unit thereof."
The elements, taken in order:
| Element | What the rule says |
|---|---|
| Who gives notice | The company |
| To whom | The Director (Legal Metrology), the concerned Controller, or his authorised officer |
| How | Notice in duplicate |
| Format | As specified in the Thirteenth Schedule |
| Content | Name and address of the nominated director |
| Precondition | The director's consent in writing, obtained first |
| Scope | The company, or any establishment, branch or unit |
The word "every" is wide, but rule 29 has to be read with section 49(2), which says a company "may" nominate. The nomination itself is optional under the Act; when a company does nominate, rule 29 governs how the notice is given. Where no one is nominated, section 49(1)(a)(ii) looks to every person in charge of and responsible for the conduct of the business at the time of the offence.
The Act behind it: section 49
Section 49 sets the rule for offences by companies.
- Section 49(1) says that where a company commits an offence, the nominated person responsible, or if none is nominated, every person in charge of and responsible for the business at the time, and the company, are deemed guilty. The proviso lets a person escape if he proves the offence happened without his knowledge and that he exercised all due diligence to prevent it.
- Section 49(2) lets a company authorise by order in writing any of its directors to exercise the powers and take the steps necessary or expedient to prevent offences, and to give notice to the Director, the Controller or an authorised officer, "in such form and in such manner as may be prescribed", of the nomination, "along with the written consent of such director for being so nominated". Rule 29 and the Thirteenth Schedule are that prescribed form and manner.
- Explanation to 49(2). Where a company has different establishments, branches or units, different persons may be nominated for each, and the person nominated for one is deemed the person responsible for that establishment, branch or unit.
- Section 49(3) says the nominee continues as the person responsible until (i) the company sends notice cancelling the nomination, (ii) he ceases to be a director, or (iii) he asks in writing to be released, whichever is earliest. If he ceases to be a director he must tell the Director, Controller or authorised officer. If he asks for cancellation, it cannot take effect from a date earlier than his request.
Section 49 is not among the sections amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 or listed for change in the Jan Vishwas (Amendment of Provisions) Act, 2026. The offences it attaches liability to, however, include sections changed by those Acts; see the articles on the penalty sections, for example section 31 for the layers.
What the Thirteenth Schedule format contains
The Schedule is headed "Format for nomination of the Director by the Company" (marked "See Rule 29"). It is a single notice, not a table. Its wording, in summary, runs as follows.
| Part of the notice | What it says or asks for |
|---|---|
| Opening | "Notice is hereby given that" the named Shri/Smt/Ms, Director of the company (company name and address given) |
| Nomination by resolution | The director has been nominated by the company by a Resolution passed at its meeting held on a stated date at a stated place |
| Purpose | To be in charge of, and responsible for, the conduct of business of the company or any establishment, branch or unit thereof, and authorised to exercise all such powers and take all such steps as may be necessary or expedient to prevent the commission of any offence by the company under the Legal Metrology Act, 2009 |
| Acceptance | The nominee has accepted the nomination, and a copy of the acceptance is enclosed |
| Enclosure | A certified copy of the Resolution is also enclosed |
| Signature | By the Managing Director or Secretary of the company (name of company), with place and date; words that do not apply are to be scored out |
Three practical consequences. First, the format is built around a resolution at a meeting, so the company should have the resolution passed and certified before the notice goes out. Second, the nominee's own acceptance must be enclosed, which matches the Act's requirement of written consent. Third, the signatory is the Managing Director or Secretary, so a notice signed by someone else may be questioned. The format itself names the same powers that section 49(2) speaks of, which is a useful check that your resolution tracks the Act.
Steps to make a nomination
- Decide the scope. One nominee for the whole company, or separate nominees for establishments, branches or units (Explanation to section 49(2)).
- Authorise by written order. Section 49(2) speaks of the company authorising a director "by order in writing". The Thirteenth Schedule format records the nomination as a Resolution passed at a company meeting, so a board resolution is the way to record it in practice; the Act itself does not use the word.
- Get the director's written consent before the notice is given. Rule 29 makes consent a precondition.
- Prepare the notice in duplicate in the format in the Thirteenth Schedule, with the nominee's name and address. Use the Thirteenth Schedule format, enclose the certified resolution and the nominee's acceptance, have it signed by the Managing Director or Secretary, and check for any State format.
- Send to the right officer: the Director (Legal Metrology), the concerned Controller or his authorised officer. The rule does not name a portal or a time limit.
- Keep the acknowledgement and file copies with the company records.
- Update when things change. If the nominee resigns as director, or the company appoints a new one, send fresh notice. Section 49(3) sets out when a nomination ends.
What rule 29 does not say
- No time limit. The rule does not say when the notice must be given.
- No fee. None is mentioned in the rule.
- No consequence for not nominating. The Act's consequence, if no one is nominated, is liability of every person in charge at the time (49(1)(a)(ii)).
- No State procedure. State rules, if any, are not in our sources.
Examples
Example 1: a company with three plants. A packaged-goods company has factories in three States. It nominates a different director for each plant, sending three notices in duplicate to the Controllers concerned, each with the nominee's written consent. Each nominee is deemed the person responsible for his plant.
Example 2: a director resigns. The nominated director resigns from the board. Under section 49(3) he must intimate the cessation to the authorised officer, and the company should nominate a replacement and give fresh notice under rule 29. Until it does, the company is exposed to the default rule in section 49(1)(a)(ii).
Common mistakes
- Sending the notice without the director's written consent.
- Sending a single copy instead of duplicate.
- Leaving out the certified copy of the resolution or the nominee's acceptance, both of which the format says are enclosed.
- Having the notice signed by someone other than the Managing Director or Secretary.
- Naming someone who is not a director.
- Forgetting to update after a resignation.
Need help with a director nomination?
If your company wants to nominate a director under section 49, or needs to change or cancel a nomination, our director nomination service can prepare the resolution, consent and notice for you and check the State format.
Key takeaways
- Rule 29 sets how a company notifies its nominated director under section 49(2).
- The notice goes in duplicate, in the Thirteenth Schedule format, with the director's written consent, a certified copy of the company's resolution, and the signature of the Managing Director or Secretary.
- It goes to the Director (Legal Metrology), the Controller or the authorised officer.
- Different nominees can be named for different establishments, branches or units.
- Section 49(3) says when a nomination ends; keep the record current.
Read next
- Section 49 of the Legal Metrology Act, 2009: Offences by companies and nominated director
- Section 48 of the Legal Metrology Act, 2009: Compounding of offences
- Offences Under Legal Metrology Act -- Complete List
- Rule 28 of the Legal Metrology (General) Rules, 2011: Qualifications of Legal Metrology Officer
Disclaimer: Based on the Legal Metrology (General) Rules, 2011 (G.S.R. 11(E), 7 February 2011) as notified in 2011, read with the Legal Metrology Act, 2009 (Act 1 of 2010), the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (in force only from the date the Central Government notifies), as on 30 September 2026. The Schedule text is the 2011 notification; later amendments, State Legal Metrology rules and notifications change; verify the current position before acting.