Home  /  MSMED Act, 2006  /  Section 26

Section 26: Appointment of officers and employees

Micro, Small and Medium Enterprises Development Act, 2006 • Official Statutory Text & Practice Guide

MSME Law
3x Compound Interest
MSEFC Facilitation Council
Act 27 of 2006
Section 25 All 32 Sections of MSMED Act Section 27
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Board Sec 2

Legal Commentary & Landmark Judgments: Section 26

Section 26 empowers the Central Government to appoint officers, technical experts, and administrative staff necessary for the effective execution of its functions under the MSMED Act.

  • Administrative Infrastructure Creation: Empowers the appointment of such officers and other employees as the Central Government considers necessary to discharge statutory functions.
  • Terms, Conditions, and Remuneration: Salaries, allowances, and terms of service of appointed officers are determined by the Central Government via administrative rules under Section 29.
  • Public Servant Status: Officers and employees discharging statutory functions under the Act act under sovereign legislative mandate and are protected under public law principles.
Key Landmark Precedents:
  • State of Gujarat v. Raman Lal Keshav Lal Soni (1983) 2 SCC 33: Outlined the tests to determine statutory and civil service status of officers appointed under legislative enactments.
  • K.K. Baskaran v. State of T.N. (2011) 3 SCC 793: Affirmed that specialized tribunals and authorities established under social welfare and economic statutes require competent, independent executive machinery to operationalize statutory mandates.
Courtroom Practice & Strategic Litigation Guidance:

When challenging procedural irregularities in administrative inquiries, registrations, or cancellations initiated by MSME Development Institutes or Directorate of MSME officers, verify whether the acting officer possessed valid authorization and delegation under Section 26.

Section 25 All 32 Sections of MSMED Act Section 27