Standards of Weights and Measures Act, 1976
28. Appointment of
Director and other staff. -
(1) The Central
Government may, by notification, appoint a Director of Legal Metrology and as
many Additional, Joint, Deputy or Assistant Directors and other officers and
staff as may be necessary for exercising the powers and efficiently discharging
the duties conferred or imposed on them by or under this Act.
(2) Every Additional,
Joint, Deputy or Assistant Director and other officer, appointed under
sub-section (1), shall exercise such powers, and discharge such functions of
the Director as the Central Government may, by notification, authorize in this
behalf.
(3) The Director may,
by general or special order, define the local limits within which each
Additional, Joint, Deputy or Assistant Director or other officer, appointed
under sub-section (1), shall exercise his powers and discharge the duties
conferred or imposed on him by or under this Act.
(4) Subject to the
provisions of' this Act, every Additional, Joint, Deputy or Assistant Director
and every other officer, appointed under sub-section (1), shall exercise his
powers and discharge the duties of his office under the general
superintendence, direction and control of the Director and shall exercise those
powers and discharge those duties in the same manner and with the same effect
as if they had been conferred or imposed on him directly by this Act and not by
way of authorization.
(5) The Director and
every Additional, Joint, Deputy and Assistant Director and every other officer
authorized to perform any duty by or under this Act shall be deemed to be a
public servant within the meaning of Sec. 21 of the Indian Penal Code (45 of
1860).
(6) No suit,
prosecution or other legal proceeding shall lie against the Director,
Additional, Joint, Deputy or Assistant Director or any other officer authorized
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 person for the time being holding the office of 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 officer subordinate to him,
not being an officer below the rank of an inspector, 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.