CS Executive · Economic, Commercial and Intellectual Property Laws · Legal Metrology
Before the rules under the Legal Metrology Act, 2009 commenced, a person had been validly appointed as a legal metrology officer. The rules later prescribed higher qualifications than he holds. What is the effect on his appointment, and what is the penalty if a trader obstructs the officer's entry for inspection a second time?
His appointment is deemed valid notwithstanding the different qualifications later prescribed. Obstructing an officer or blocking entry for inspection is punishable with imprisonment up to two years, and for a second or subsequent offence up to five years.
- AAppointment ends; imprisonment up to two years for the second offence
- BAppointment is deemed valid despite different qualifications; imprisonment up to five years for the second or subsequent offenceCorrect
- CAppointment is deemed valid; imprisonment up to two years for the second offence
- DAppointment ends unless he completes training at the Indian Institute of Legal Metrology; imprisonment up to five years
Explanation
Officers appointed immediately before commencement of the rules are deemed appointed under the Act's appointment provisions notwithstanding different prescribed qualifications. Obstructing an officer or the entry for inspection is punishable with imprisonment up to two years, and up to five years for a second or subsequent offence. The two-year figure applies to a first offence.
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