CS Executive · Economic, Commercial and Intellectual Property Laws · Legal Metrology
Before the rules under the Legal Metrology Act, 2009 commenced, Mr. Nair was serving as a legal metrology officer. The new rules prescribe higher qualifications that he lacks. What is his position under the Act?
Mr. Nair is deemed to have been appointed under the Act's appointment provisions (sections 13(1) and 14(1)), even though the new rules prescribe different qualifications. Section 56 protects existing officers, so he need not acquire the new qualification and has no one-year limit.
- AHe ceases to hold office until he acquires the new qualification
- BHe is deemed appointed under section 13(1) or 14(1), notwithstanding any rule prescribing different qualificationsCorrect
- CHe continues only for one year after commencement of the rules
- DHe continues only if the Institute certifies him
Explanation
Section 56(1) provides that every Director, Controller and legal metrology officer appointed immediately before the commencement of the rules is deemed appointed under section 13(1) or 14(1), despite any rule prescribing different qualifications. No time limit or certification is imposed.
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