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CS Executive · Economic, Commercial and Intellectual Property Laws · Legal Metrology

Before the rules under the Legal Metrology Act, 2009 commenced, Mr. Sharma had been appointed a legal metrology officer, and he does not meet the new qualifications later prescribed. What is the effect of section 56?

Mr. Sharma continues as a legal metrology officer. Section 56 deems officers appointed immediately before commencement of the rules to have been appointed under the Act, notwithstanding any rule prescribing different qualifications, so the new qualification requirements do not affect existing officers.

  1. AHis appointment lapses until he acquires the new qualifications
  2. BHe is deemed appointed under the Act despite any rule prescribing different qualificationsCorrect
  3. CHe must be retrained at the Indian Institute of Legal Metrology before continuing
  4. DHe may continue only as an employee without officer powers

Explanation

Section 56(1) deems every Director, Controller and legal metrology officer appointed immediately before the rules commenced to be appointed under sections 13(1) and 14(1), notwithstanding any rule prescribing different qualifications. Hence new qualification rules do not affect him.

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