Chapter III - Appointment and Powers of Director, Controller and Legal Metrology Officers
Section 13
Section 13: Appointment of Director, legal metrology officers and other employees
Section 13 empowers central appointments for inter-State trade and commerce, specifies notification of local limits, supervision, public-servant status, good-faith protection and controlled delegation to a State Controller.
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This article is for general information. Refer to the Legal Metrology Act, 2009 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) The Central Government may, by notification, appoint a Director of legal metrology, Additional Director, Joint Director, Deputy Director, Assistant Director and other employees for exercising the powers and discharging the duties conferred or imposed on them by or under this Act in relation to inter-State trade and commerce.
(2) The qualifications of the Director and legal metrology officers appointed under sub-section (1) shall be such as may be prescribed.
(3) The Director and every legal metrology officer, appointed under sub-section (1), shall exercise such powers and discharge such functions in respect of such local limits as the Central Government may, by notification, specify.
(4) Every legal metrology officer appointed under sub-section (1) shall exercise powers and discharge duties under the general superintendence, direction and control of the Director.
(5) The Director, the Controller and every legal metrology officer authorised to perform any duty by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
(6) No suit, prosecution or other legal proceeding shall lie against the Director, the Controller and legal metrology officer authorised to perform any duty by or under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder.
(7) The Central Government may, with the consent of the State Government and subject to such conditions, limitations and restrictions as it may specify in this behalf, delegate such of the powers of the Director under this Act as it may think fit to the Controller of legal metrology in the State, and such Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate such of the powers delegated to him as he may think fit to any legal metrology officer and where any such delegation of powers is made by such Controller, the person to whom such powers are delegated shall exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by way of delegation.
(8) Where any delegation of powers is made under sub-section (7), the powers so delegated shall be exercised under the general superintendence, direction and guidance of the Director.
Introduction
Central appointments relate to inter-State trade and commerce. The section also covers qualifications, territorial limits, supervision, public-servant status, good-faith protection and a conditional central-to-State delegation chain.
Section 14 separately establishes State officers for intra-State commerce; section 15 supplies inspection powers.
Key takeaways
Scope and trigger
Central appointments relate to inter-State trade and commerce. The section also covers qualifications, territorial limits, supervision, public-servant status, good-faith protection and a conditional central-to-State delegation chain.
Operational step
For an enforcement act, record the official’s name and designation and identify the appointment and local-limit notifications. If a State Controller invokes a Director power, trace the consent and delegated authority through subsections (7) and (8).
Limit
An officer’s title alone does not prove every territorial or delegated power. Good-faith protection in subsection (6) is tied to action done or intended under the Act or its rules or orders.
Who and what it covers
Central appointments relate to inter-State trade and commerce. The section also covers qualifications, territorial limits, supervision, public-servant status, good-faith protection and a conditional central-to-State delegation chain.
Section 14 separately establishes State officers for intra-State commerce; section 15 supplies inspection powers.
How to apply it
For an enforcement act, record the official’s name and designation and identify the appointment and local-limit notifications. If a State Controller invokes a Director power, trace the consent and delegated authority through subsections (7) and (8).
When responding to central enforcement, identify the officer’s appointment, notified local limits and any delegation. Preserve notices and authorisations rather than assuming every officer has every central power.
Boundary and exceptions
An officer’s title alone does not prove every territorial or delegated power. Good-faith protection in subsection (6) is tied to action done or intended under the Act or its rules or orders.
Hypothetical example
Hypothetical: an inter-State trader receives an inspection demand from a State officer exercising delegated central powers. The trader checks the relevant delegation and cooperates with the valid request.
Practical preparation
When responding to central enforcement, identify the officer’s appointment, notified local limits and any delegation. Preserve notices and authorisations rather than assuming every officer has every central power.
Primary sources
The statutory text is drawn from the official Act copy.
Practical checklist
Do
- Confirm the central officer’s appointment and notified local limits.
- Check whether inter-State trade or a valid delegated power is involved.
- Retain any Central-to-State delegation instrument relied on.
Avoid
- Do not treat section 13 as dispensing with its stated conditions, exceptions or prescribed details.
Glossary
- Delegation
- Transfer of specified statutory powers under the conditions in section 13(7)–(8).
- Prescribed
- Set by rules made under the Legal Metrology Act, 2009.
Frequently asked questions
Does section 13 itself appoint a particular inspector?
No. Appointments and local limits depend on the relevant notifications.
Can a State Controller exercise a delegated Director power without conditions?
No. Section 13(7) makes delegation subject to Central and State consent and specified conditions, limitations and restrictions.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026