Section 13 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 13 is the Central Government's appointing section. It creates the Director of Legal Metrology and the central tier of officers who enforce the Act in relation to inter-State trade and commerce, fixes their status and protection, and allows the Director's powers to be delegated to State Controllers. The State counterpart is section 14.
The Central Government may appoint a Director, Additional Director, Joint Director, Deputy Director, Assistant Director and other employees by notification, for inter-State trade and commerce (section 13(1)). Officers work under the general superintendence, direction and control of the Director (13(4)) and are deemed public servants (13(5)). No suit, prosecution or legal proceeding lies for anything done in good faith under the Act (13(6)). The Director's powers may be delegated to the State Controller, and onward to legal metrology officers, with the State Government's consent (13(7), (8)). The section is not amended by the Jan Vishwas Acts.
Sub-section (1): who is appointed and for what
The Central Government may, by notification, appoint:
- a Director of Legal Metrology,
- an Additional Director,
- a Joint Director,
- a Deputy Director,
- an 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."
The phrase "inter-State trade and commerce" marks the dividing line with section 14. The Central officers handle trade that crosses State borders; the State Controller and State officers handle intra-State trade and commerce. The definition of "legal metrology officer" in section 2(h) lists Additional Director, Additional Controller, Joint Director, Joint Controller, Deputy Director, Deputy Controller, Assistant Director, Assistant Controller and Inspector "appointed under sections 13 and 14", so the term covers both tiers.
| Tier | Section | Head | Trade covered |
|---|---|---|---|
| Central | 13 | Director of Legal Metrology | Inter-State trade and commerce |
| State | 14 | Controller of Legal Metrology | Intra-State trade and commerce |
For how the two tiers fit in practice, see our article on section 14 and the existing guide to the Director of Legal Metrology.
Sub-sections (2) to (4): qualifications, local limits and control
- Qualifications (2): the qualifications of the Director and legal metrology officers appointed under sub-section (1) "shall be such as may be prescribed". The rule-making power is section 52(2)(g). Rule 28 of the General Rules, 2011 is headed "Qualifications of Legal Metrology Officer". It says no person shall be appointed unless he is a graduate of a recognised university in Science (with physics as one subject), technology or engineering, or holds a recognised diploma in engineering with three years' professional experience, and is able to speak, read and write the regional language of the State. The appointee must also complete the basic training course at the Indian Institute of Legal Metrology, Ranchi before posting. Read the rule itself for the exceptions and for the power to relax it. See our article on rule 28 of the General Rules.
- Local limits (3): the Director and every legal metrology officer exercise powers "in respect of such local limits as the Central Government may, by notification, specify". The officers' territorial jurisdiction is set by notification, not by the Act.
- Control (4): every legal metrology officer appointed under sub-section (1) acts "under the general superintendence, direction and control of the Director".
If you are challenging an action and want to check whether the officer was within local limits and the powers notified, a legal consultation can help organise the notifications and records to ask for.
Sub-section (5): deemed public servants
The Director, the Controller and every legal metrology officer authorised to perform any duty by or under the Act "shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860)". The Indian Penal Code has since been replaced by the Bharatiya Nyaya Sanhita, 2023 with effect from 1 July 2024; the Act's text still cites the IPC as enacted. The deeming brings the officers within the general criminal law's treatment of public servants; the Act's own offence of obstructing them is in section 40.
Sub-section (6): good-faith protection
"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."
Two limits are built in by the words themselves: the protection is for acts done or intended in good faith, and only for acts under the Act or a rule or order made under it. It does not shield an officer who knowingly acts without reasonable grounds; section 42 makes a vexatious search or seizure an offence for the officer himself, and section 43 does the same for wilfully wrong verification or stamping. See sections 42 and 43.
Sub-sections (7) and (8): delegation
Sub-section (7) lets the Central Government, with the consent of the State Government and subject to conditions, limitations and restrictions it specifies, 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. The Controller may, if he thinks it "necessary or expedient in the public interest", delegate onward to any legal metrology officer. The person to whom powers are delegated exercises them "in the same manner and with the same effect as if they had been conferred on him directly by this Act".
Sub-section (8) adds that delegated powers are exercised "under the general superintendence, direction and guidance of the Director".
This is different from section 54, which lets the Central Government direct, in consultation with the State Government, that powers it holds under the Act may also be exercised by a subordinate officer. Section 13(7) is about the Director's powers flowing down to the State Controller.
Appeals track the structure: an order of a legal metrology officer appointed under section 13 goes on appeal to the Director, and an order of the Director goes to the Central Government or an officer specially authorised by it (section 50(1)(a) and (b)). See our article on section 50.
Examples
Example 1: which officer. A packaged-goods company ships from its Haryana factory to dealers in several States and is inspected in connection with that inter-State trade. Section 13(1) gives the Central officers power for inter-State trade and commerce, while the State Controller acts for intra-State trade under section 14.
Example 2: delegation. The Central Government, with the State's consent, delegates some of the Director's powers to a State Controller. The Controller exercises them as if conferred directly by the Act, and the Director keeps general superintendence over how they are used (13(8)).
Common mistakes
- Assuming only the Controller inspects. Central officers under section 13 act for inter-State trade and commerce.
- Reading section 13(6) as a blanket shield. It protects acts done in good faith, not vexatious searches (section 42).
- Treating delegation under 13(7) as the same as section 54. They cover different powers and different conditions.
Need help dealing with a Legal Metrology officer?
If you have received a notice, a summons to produce records or an inspection report and want to understand the officer's authority, we can go through the papers with you. A legal consultation is a sensible first step.
Key takeaways
- Section 13 lets the Central Government appoint the Director and other central officers for inter-State trade and commerce.
- Qualifications and local limits come from rules and notifications; rule 28 of the General Rules sets qualifications for legal metrology officers.
- Officers act under the general superintendence, direction and control of the Director and are deemed public servants.
- Acts done in good faith under the Act are protected from suit, prosecution and legal proceedings.
- The Director's powers can be delegated to the State Controller with the State's consent, and onward to officers.
Read next
- Director of Legal Metrology -- Appointment and Powers
- Legal Metrology Officers -- Powers of Inspection
- Sections 11 and 12 of the Legal Metrology Act, 2009: Quoting in standard units and void customs
- Section 14 of the Legal Metrology Act, 2009: Controller and State officers
Disclaimer: Based on the Legal Metrology Act, 2009 (Act 1 of 2010) as enacted, read with the Jan Vishwas (Amendment of Provisions) Act, 2023 and the Jan Vishwas (Amendment of Provisions) Act, 2026 (neither amends section 13), and the Legal Metrology (General) Rules, 2011, as on 30 September 2026. State Legal Metrology rules, later amendments and notifications change; verify the current position before acting.