CS Executive · Economic, Commercial and Intellectual Property Laws · Legal Metrology
A legal metrology officer appointed by the Central Government under Section 13 seizes the weights of a trader in good faith while carrying out his duties. The trader later wishes to sue the officer personally for the seizure, which turns out to be unfounded. What is the legal position under the Act?
No suit, prosecution or other legal proceeding lies against the officer for acts done in good faith under the Act, as Section 13(6) provides. Officers are also deemed public servants under Section 13(5), so the trader cannot sue merely because the seizure proved unfounded.
- ANo suit, prosecution or legal proceeding lies against the officer for anything done in good faith under the ActCorrect
- BThe suit lies only if filed within one year
- CThe suit lies, but only with the Director's permission
- DThe suit lies, because officers are not public servants
Explanation
Section 13(6) bars any suit, prosecution or other legal proceeding against the Director, Controller or legal metrology officer for anything done or intended to be done in good faith under the Act. Section 13(5) also deems them public servants, so the last option is wrong. The Act has no permission or one-year route.
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