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Vexatious Search – Section 42 under Legal Metrology Act, 2009

calendar17 Apr, 2023
timeReading Time: 3 Minutes
Vexatious Search - Section 42 under Legal Metrology Act, 2009

The legal metrology, 2009 was enacted to enforce the standards of weights and measures on par with the international standard of weights and measures. It regulates the trades involved in weights and measures. Section 42 under legal metrology act, 2009 penalize the legal metrology officer if he acts with his discretionary power. The main objectives of the legal metrology Act is to ensure a public guarantee of security and accuracy to the weights and measurements.

What is Section 42 under Legal Metrology Act, 2009?

The director, the controller or any authorized legal metrology officer exercising powers under this Act and knows that there are no reasonable grounds for searching the premises, house or any place of the person and yet searches place or searches any person and seizing any weights, measures or any movable property? For these offences, the officer shall be punished with imprisonment for one year, or with fine which may extend to Rs.10000/- or with both.

Qualifications of Legal Metrology Officer

Section 42 under Legal Metrology Act, 2009 penalizes the officer who does a vexatious search and actions. To avoid that penalization and loss to the Government, the following procedures should be followed while appointing the officers.

A person who is appointed as a legal metrology officer should possess the following qualification to avoid penalization in section 42 under the legal metrology act, 2009.

  • The officer should mandatorily be a graduate from a recognized university in science or technology or engineering or hold a recognized engineering diploma with 3 years of professional experience.
  • The person should have the ability to speak, read and write at least one of the regional languages of the State.
  • The person appointed as the Legal Metrology officer post should complete their introductory training course at the Indian Institute of Legal Metrology established by the Federal Government under section 11 of the Act.

Procedure of Appointment of Director, Legal Metrology Officers and Other Employees of the Legal Metrology Department

Section 42 under Legal Metrology Act, 2009 penalizes the officer who does a vexatious search and actions. To avoid that penalization and loss to the Government, the following procedures should be followed while appointing the officers.

  1. The Central or State Government may appoint a Director of legal metrology or Additional or Joint Director, Deputy and Assistant Director and other employees to exercise their powers and discharge the duties imposed on them under this Act concerning inter-State trade and commerce.
  2. The qualifications of the director and any officer of legal metrology are appointed under sub-section (1) shall be prescribed in the Act.
  3. The director and any legal metrology officer appointed under sub-section (1) of the Act, The officer shall exercise the powers and discharge such functions in respect of their local limits as the Central Government notified or specified.
  4. Every legal metrology officer whether controller or any other officer are appointed under sub-section (1) shall exercise powers and discharge duties under the general supervision, direction and control of the director of the Legal metrology department.
  5. The director, the controller and every legal metrology officer authorized to perform any duty under this Act will be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
  6. No suit, prosecution, or another legal proceeding shall be against the director, the controller and the legal metrology officer authorized to perform any duty under this Act.
  7. The Central Government may, with the consent of the State Government and subject to conditions, limitations and restrictions on their behalf, delegate such powers of the director under this Act as it may think fit the controller of legal metrology in the State. The controller may, if he thinks that it is necessary for the public interest to, delegate such of the powers delegated to him as he may think fit any legal metrology officer and where such controller makes any such delegation of powers, the person to whom such powers are delegated shall exercise those powers in the same manner and 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 subsection (7), the powers so delegated shall be exercised under the director’s general superintendence, direction and guidance.

Standard Weights and Measures of the Legal Metrology Act

The following are the Standard weights and measures of the Act. Section 42 under Legal Metrology Act, 2009 ensures the standards that an officer should have while handling these weights and measures.

  • Mass – kilogram
  • Time – second
  • Electric current – ampere
  • Thermodynamic temperature shall be the kelvin
  • Luminous intensity – candela
  • Amount of substance -mole.
  • Every numeration shall be made under the decimal system.
  • The decimal multiples and their sub-multiples of the numerals should be of such denominations and be written in such manner as prescribed in the Act.

Conclusion

Every person using weights or measures in any business transaction or for protection should follow all the rules under the Legal Metrology Act (LM) 2009. Section 42 under Legal Metrology Act, 2009[1] penalises the officer who does a vexatious search and actions at his discretion without any proper evidence. Thus the Act ensures the correct weights and measurements for proper trade practices.

Read Our Article: New Amendment Under Section 49 Of The Legal Metrology Act, 2009

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