Legal Metrology: Delegation Power of Government

Legal Metrology: Delegation Power of Government

The central government in consultation with the state government and by its notification directs that any power exercisable by or under the legal metrology act or any rule made thereunder not being a power conferred by section 15 relating to appeal or section 52 relating to power to make rules concerning such matter and subject to such conditions as may be specified may exercise also by such officer subordinate to it as may be specified in the notification. 

Subject to any general or special correction or condition imposed by the state government any person authorised by the central government to exercise any power may exercise those powers in the same manner and to the same extent as if they had been conferred on that person directly by the act and not by the way of delegation.

In which cases the legal metrology act does not apply? 

The act does not to apply in certain cases such as the provision of the act insofar as they relate to verification and stamping of weights and measures shall not apply to the weights or measures in the following manner:

  1. Used in any factory exclusively engaged in the manufacture of any arms, immunisation, or both for the use of armed force of unions, 
  2. Used for scientific investigation or research.
  3. Manufactured exclusively for export.

Effect of New Qualification under legal metrology

  1. Existing director, controller, and legal metrology officer not to be affected by the new qualification to be prescribed under the act which says that
    • Every director, controller, and legal metrology officer appointed immediately before the commencement of the rules made under the and the act shall be deemed to have been appointed under the act notwithstanding any root describing different qualifications.
  2. The rules made by the state government under the standards of weights and measures enforcement act 1985 which came in force immediately before the commencement of this act shall remain in force until the central government makes rules on that behalf.

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