CS Executive · Economic, Commercial and Intellectual Property Laws · Legal Metrology
The Central Government wishes to delegate some powers of the Director to the Controller of legal metrology of a State, who in turn wants to sub-delegate some of them to a legal metrology officer. Which statement is correct under section 13 of the Act?
Delegation to the State Controller requires the State Government's consent, and the Controller may further delegate to a legal metrology officer if he considers it necessary or expedient in the public interest. All delegated powers continue to be exercised under the Director's general superintendence, direction and guidance.
- AThe delegation to the Controller needs the consent of the State Government, and the Controller may sub-delegate if he thinks it necessary or expedient in the public interestCorrect
- BThe delegation to the Controller needs no consent, and sub-delegation is barred
- CThe Controller may sub-delegate freely, and the delegated powers are then outside the Director's superintendence
- DThe delegation is possible only to the Director's own Additional Directors
Explanation
Section 13(7) allows delegation to the State Controller with the State Government's consent and subject to conditions. The Controller may sub-delegate if he thinks it necessary or expedient in the public interest. Under section 13(8) delegated powers remain under the Director's general superintendence, direction and guidance, which rules out the third option.
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