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Chapter V - Offences and Penalties

Section 56

Section 56: existing Director, Controller and legal metrology officer not to be affected by the new qualification to be prescribed.

The section protects existing appointments despite new qualifications and continues earlier State enforcement rules until replacement. It is a transition provision.

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Need advice on Section 56?

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.

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Statutory text

Bare law

(1) Every Director, Controller and legal metrology officer appointed immediately before the commencement of the rules made under this Act, shall be deemed to have been appointed under sub-section (1) of sections 13 and 14, notwithstanding any rule prescribing different qualifications.

(2) The rules made by a State Government under the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985) which are in force immediately before the commencement of this Act shall remain in force until the State Government, makes rules in that behalf.

Introduction

Subsection (1) protects Directors, Controllers and officers appointed immediately before rules under this Act commenced despite later qualification rules. Subsection (2) continues earlier State enforcement rules until the State replaces them.

Check the actual appointment and rule dates and any later State replacement. This does not freeze the 1985 regime indefinitely.

Key takeaways

1

Trigger

Subsection (1) protects Directors, Controllers and officers appointed immediately before rules under this Act commenced despite later qualification rules. Subsection (2) continues earlier State enforcement rules until the State replaces them.

2

Consequence or process

Existing appointments and qualifying legacy State rules retain effect by this transitional mechanism.

3

Important limit

Check the actual appointment and rule dates and any later State replacement. This does not freeze the 1985 regime indefinitely.

Who and what the section covers

Subsection (1) protects Directors, Controllers and officers appointed immediately before rules under this Act commenced despite later qualification rules. Subsection (2) continues earlier State enforcement rules until the State replaces them.

Consequence and statutory process

Existing appointments and qualifying legacy State rules retain effect by this transitional mechanism.

Practical steps

Identify the relevant appointment or rule date.

Check whether a replacement State rule has commenced.

Avoid treating a transitional rule as permanently current.

Hypothetical example

An operator checking a legacy State rule verifies whether a later State rule replaced it. This is an illustration, not a statement of a decided case or an automatic exemption.

Cross references and limits

Check the actual appointment and rule dates and any later State replacement. This does not freeze the 1985 regime indefinitely.

Official sources

Practical checklist

Do

  • Identify the relevant appointment or rule date.
  • Check whether a replacement State rule has commenced.
  • Avoid treating a transitional rule as permanently current.

Avoid

  • Do not assume every earlier State rule survived once replacement rules commenced.
  • Do not apply the saved appointment rule to persons appointed outside its temporal condition.
  • Do not confuse transitional continuity with a permanent exemption from later qualification rules.

Glossary

Transitional rule
An earlier State enforcement rule continued until the State makes a replacement under the 2009 Act.
Prescribed
Set by applicable rules made under the Act.

Frequently asked questions

What triggers section 56?

Subsection (1) protects Directors, Controllers and officers appointed immediately before rules under this Act commenced despite later qualification rules. Subsection (2) continues earlier State enforcement rules until the State replaces them.

What is the statutory consequence or process?

Existing appointments and qualifying legacy State rules retain effect by this transitional mechanism.

What is the key limit to check?

Check the actual appointment and rule dates and any later State replacement. This does not freeze the 1985 regime indefinitely.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026