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BUREAU OF INDIAN STANDARDS ACT, 2016

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S.1 Short title, extent and commencement

       (1) This Act may be called the Bureau of Indian Standards Act, 2016.
       (2) It extends to the whole of India.
       (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.


S.2 Definitions.

       In this Act, unless the context otherwise requires:-
       (1) "article" means any substance, artificial or natural, or partly artificial or partly natural, whether raw or partly or wholly processed or manufactured or hand-made within India or imported into India;
       (2) "assaying and hallmarking centre" means a testing and marking centre recognised by the Bureau to determine the purity of precious metal articles and to apply hallmark on the precious metal articles in a manner as may be determined by regulations;
       (3) "Bureau" means the Bureau of Indian Standards established under section 3;
       (4) "certification officer" means a certification officer appointed under sub-section (1) of section 27;
       (5) "certified body"

S.3 Establishment of Bureau and Constitution of Governing Council.

       (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established a national body for the purposes of this Act, a Bureau, to be called the Bureau of Indian Standards.
       (2) The Bureau shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.
       (3) The members of the Governing Council shall constitute the Bureau and general superintendence, direction and management of the affairs of the Bureau shall vest in the Governing Council, which shall consist of the following members, namely:-
       (a) the Minis

S.4 Executive Committee of Bureau.

       (1) The Governing Council may, with the prior approval of the Central Government, by notification in the Official Gazette, constitute an Executive Committee which shall consist of the following members, namely:-
       (a) Director General of the Bureau, who shall be its ex officio Chairman;
       (b) such number of members, as may be prescribed.
       (2) The Executive Committee constituted under sub-section (1) shall perform, exercise and discharge such functions, powers and duties of the Bureau, as may be delegated to it by the Governing Council.


S.5 Advisory Committees of Bureau.

       (1) Subject to any regulations made in this behalf, the Governing Council may, from time to time and as and when it is considered necessary, constitute the following Advisory Committees for the efficient discharge of the functions of the Bureau, namely:-
       (a) Finance Advisory Committee;
       (b) Conformity Assessment Advisory Committee;
       (c) Standards Advisory Committee;
       (d) Testing and Calibration Advisory Committee;
       (e) Such number of other committees as may be specified by regulations.
       (2) Each Advisory Committee shall consist of a Chairman and such other members as may be specified by regulations.


S.6 Vacancies, etc. not to invalidate act or proceedings.

       No act or proceedings of the Governing Council, under section 3 shall be invalid merely by reason of-
       (a) any vacancy in, or any defect in the constitution of the Governing Council; or
       (b) any defect in the appointment of a person acting as a member of the Governing Council; or
       (c) any irregularity in the procedure of the Governing Council not affecting the merits of the case.


S.7 Director General.

       (1) The Central Government shall appoint a Director General of the Bureau.
       (2) The terms and conditions of service of the Director General of the Bureau shall be such as may be prescribed.
       (3) Subject to the general superintendence and control of the Governing Council, the Director General of the Bureau shall be the Chief Executive Authority of the Bureau.
       (4) The Director General of the Bureau shall exercise and discharge such of the powers and duties of the Bureau as may be specified by regulations.
       (5) The Director General may, by general or special order in writing, delegate to any officer of the Bureau subject to such conditions, if any, as may be specified in the order, such of his powers and functions as are assigned to him under the regulati

S.8 Officers and employees of Bureau.

       (1) The Bureau may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act.
       (2) The terms and conditions of service of officers and employees of the Bureau appointed under sub-section (1) shall be such as may be specified by regulations.


S.9 Powers and functions of Bureau.

       (1) The powers and duties as may be assigned to the Bureau under this Act shall be exercised and performed by the Governing Council and, in particular, such powers may include the power to-
       (a) establish branches, offices or agencies in India or outside;
       (b) recognise, on reciprocal basis or otherwise, with the prior approval of the Central Government, the mark of any international body or institution, on such terms and conditions as may be mutually agreed upon by the Bureau in relation to any goods, article, process, system or service at par with the Standard Mark for such goods, article, process, system or service;
       (c) seek recognition of the Bureau and of the Indian Standards outside India on such terms and conditions as may be mutually agreed upon by the Bureau with any corresponding insti

S.10 Indian Standards.

       (1) The standards established by the Bureau shall be the Indian Standards.
       (2) The Bureau may-
       (a) establish, publish, review and promote the Indian Standard, in relation to any goods, article, process, system or service in such manner as may be prescribed;
       (b) adopt as Indian Standard, any standard, established by any other Institution in India or elsewhere, in relation to any goods, article, process, system or service in such manner as may be prescribed;
       (c) recognise or accredit any institution in India or outside which is engaged in standardisation;
       (d) undertake, support and promote such research as may be necessary for formulation of Indian Standards.
       (3)

S.11 Prohibition to publish, reproduce or record without authorisation by Bureau.

       (1) No individual shall, without the authorisation of the Bureau, in any manner or form, publish, reproduce or record any Indian Standard or part thereof, or any other publication of the Bureau.
       (2) No person shall issue a document that creates, or may create the impression that it is or contains an Indian Standard, as contemplated in this Act:
       Provided that nothing in this sub-section shall prevent any individual from making a copy of Indian Standard for his personal use.


S.12 Conformity Assessment scheme.

       (1) The Bureau may notify a specific or different conformity assessment scheme for any goods, article, process, system or service or for a group of goods, articles, processes, systems or services, as the case may be, with respect to any Indian Standard or any other standard in a manner as may be specified by regulations.
       (2) The Bureau may establish a Standard Mark in relation to each of its conformity assessment schemes, which shall be of such design and contain such particulars as may be specified by regulations to represent a particular standard.


S.13 Grant of licence or certificate of conformity.

       (1) A person may apply for grant of licence or certificate of conformity, as the case may be, if the goods, article, process, system or service conforms to an Indian Standard.
       (2) Where any goods, article, process, system or service conforms to a standard, the Director General may, by an order, grant-
       (a) a certificate of conformity in a manner as may be specified by regulations; or
       (b) a licence to use or apply a Standard Mark in a manner as may be specified by regulations, subject to such conditions and on payment of such fees, including late fee or fine, before or during the operation of the certificate of conformity or licence, and as determined by regulations.
       (3) While granting a certificate of conformity or licence to use a Standard Mark, the

S.14 Certification of Standard Mark of jewellers and sellers of certain specified goods or articles.

       (1) The Central Government, after consulting the Bureau, may notify precious metal articles or other goods or articles as it may consider necessary, to be marked with a Hallmark or Standard Mark, as the case may be, in a manner as specified in sub-section (2).
       (2) The goods or articles notified in sub-section (1) may be sold through retail outlets certified by the Bureau after such goods or articles have been assessed for conformity to the relevant standard by testing and marking centre, recognised by the Bureau and marked with Hallmark or Standard Mark, as the case may be, as specified by regulations.
       (3) The Central Government may, after consulting the Bureau, by an order published in the Official Gazette, make it compulsory for the sellers of goods or article notified under sub-section (1) to be sold only through certified sales outle

S.15 Prohibition to import, sell, exhibit, etc.

       (1) No person shall import, distribute, sell, store or exhibit for sale, any goods or article under sub-section (1) of section 14, except under certification from the Bureau.
       (2) No person, other than that certified by the Bureau, shall sell or display or offer to sell goods or articles that are notified under sub-section (3) of section 14 and marked with the Standard Mark, including Hallmark and claim in relation to the Standard Mark, including Hallmark, through advertisements, sales promotion leaflets, price lists or the like.
       (3) No certified jeweller or seller shall sell or display or offer to sell any notified goods or articles, notwithstanding that he has been granted certification, with the Standard Mark, including Hallmark, or any colourable imitation thereof, unless such goods or article is marked with a Standard Mark or Hallmar

S.16 Central Government to direct compulsory use of Standard Mark.

       (1) If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest or for the protection of human, animal or plant health, safety of the environment, or prevention of unfair trade practices, or national security, it may, after consulting the Bureau, by an order published in the Official Gazette, notify-
       (a) goods or article of any scheduled industry, process, system or service; or
       (b) essential requirements to which such goods, article, process, system or service, which shall conform to a standard and direct the use of the Standard Mark under a licence or certificate of conformity as compulsory on such goods, article, process, system or service.
       Explanation.-For the purpose of this sub-section:-
       (i) the

S.17 Prohibition to manufacture, sell, etc., certain goods without Standard Mark.

       (1) No person shall manufacture, import, distribute, sell, hire, lease, store or exhibit for sale any such goods, article, process, system or service under sub-section (1) of section 16-
       (a) without a Standard Mark, except under a valid licence; or
       (b) notwithstanding that he has been granted a license, apply a Standard Mark, unless such goods, article, process, system or service conforms to the relevant standard or prescribed essential requirements.
       (2) No person shall make a public claim, through advertisements, sales promotion leaflets, price lists or the like, that his goods, article, process, system or service conforms to an Indian standard or make such a declaration on the goods or article, without having a valid certificate of conformity or licence from the Bureau or any other authority

S.18 Obligations of licence holder, seller, etc.

       (1) The licence holder shall, at all times, remain responsible for conformance of the goods, articles, processes, systems or services carrying the Standard Mark.
       (2) It shall be the responsibility of the distributor or the seller, as the case may be, to ensure that goods, articles, processes, systems or services carrying the Standard Mark are purchased from certified body or licence holder.
       (3) It shall be the responsibility of the seller before the goods or article is sold or offered to be sold or exhibited or offered for sale to ensure that-
       (a) goods, articles, processes, systems or services carrying the Standard Mark bear the requisite labels and marking details, as specified by the Bureau from time to time;
       (b) the marking and labelling require

S.19 Financial Management of Bureau of Indian Standards.

The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Bureau grants and loans of such sums of money as the Government may consider necessary.


S.20 Fund of Bureau.

       (1) There shall be constituted a fund to be called the Bureau of Indian Standards fund and there shall be credited thereto-
       (a) any grants and loans made to the Bureau by the Central Government;
       (b) all fees and charges received by the Bureau under this Act;
       (c) all fines received by the Bureau;
       (d) all sums received by the Bureau from such other sources as may be decided upon by the Central Government.
       (2) The fund shall be applied for meeting-
       (a) the salary, allowances and other remuneration of the members, Director General, officers and other employees of the Bureau;
       (b) expenses of the Bureau in the discharge of

S.21 Borrowing powers of Bureau.

       (1) The Bureau may, with the consent of the Central Government or in accordance with the terms of any general or special authority given to it by the Central Government, borrow money from any source as it may deem fit for discharging all or any of its functions under this Act.
       (2) The Central Government may guarantee in such manner as it thinks fit, the repayment of the principal and the payment of interest thereon with respect to the loans borrowed by Bureau under sub-section (1).


S.22 Budget.

The Bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Bureau and forward the same to the Central Government.


S.23 Annual report.

       (1) The Bureau shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the Central Government.
       (2) The Central Government shall cause the annual report to be laid, as soon as may be after it is received, before each House of Parliament.


S.24 Accounts and audit.

       (1) The Bureau shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
       (2) The accounts of the Bureau shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Bureau to the Comptroller and Auditor-General of India.
       (3) The Comptroller and Auditor-General of India and any person appointed by him in connection with the audit of the accounts of the Bureau shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General of India generally has in connection with the audit of

S.25 Power of Central Government to issue directions.

       (1) Without prejudice to the foregoing provisions of this Act, the Bureau shall, in the exercise of its powers or the performance of its functions under this Act, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time:
       Provided that the Bureau shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.
       (2) The decision of the Central Government whether a question is one of policy or not shall be final.
       (3) The Central Government may take such other action as may be necessary for the promotion, monitoring and management of quality of goods, articles, processes, systems and services and to protect the interests of consumers and various other stakeholders and noti

S.26 Restriction on use of name of Bureau and Indian Standard.

       (1) No person shall, with a view to deceive or likely to deceive the public, use without the previous permission of the Bureau:-
       (a) any name which so nearly resembles the name of the Bureau as to deceive or likely to deceive the public or the name which contains the expression "Indian Standard" or any abbreviation thereof; or
       (b) any title of any patent or mark or trade mark or design, in relation to any goods, article, process, system or service, containing the expressions "Indian Standard" or "Indian Standard Specification" or any abbreviation of such expressions.
       (2) Notwithstanding anything contained in any law for the time being in force, no-registering authority shall:-
       (a) register any company, firm or other body of persons which bears any n

S.27 Appointment and powers of certification officers.

       (1) The Bureau may appoint as many certification officers as may be necessary for the purpose of inspection whether any goods, article, process, system or service in relation to which the Standard Mark has been used conforms to the relevant standard or whether the Standard Mark has been properly used in relation to any goods, article, process, system or service with or without licence, and for performing such other functions as may be assigned to them.
       (2) Subject to any rules made under this Act, a certification officer shall have power to-
       (a) inspect any operation carried on in connection with any goods, article, process, system or service in relation to which the Standard Mark has been used;
       (b) take samples of any goods or article or of any material or substance used in any goods, article

S.28 Power to search and seizure.

       (1) If the certification officer has reason to believe that any goods or articles, process, system or service in relation to which the contravention of section 11 or sub-sections (6) or (8) of section 14 or section 15 or section 17 has taken place are secreted in any place, premises or vehicle, he may enter into and search such place, premises or vehicle for such goods or articles, process, system or service, as the case may be.
       (2) Where, as a result of any search made under sub-section (1), any goods or article, process, system or service has been found in relation to which contravention of section 11 or sub-sections (6) or (8) of section 14 or section 15 or section 17 has taken place, the certification officer may seize such goods or article and other material and documents which, in his opinion will be useful for, or relevant to any proceeding under this Act:
  &nb


Legal Comments

S.29 Penalty for contravention.

       (1) Any person who contravenes the provisions of section 11 or sub-section (1) of section 26 shall be punishable with fine which may extend to five lakh rupees.
       (2) Any person who contravenes the provisions of sub-sections (6) or (8) of section 14 or section 15 shall be punishable with imprisonment for a term which may extend to one year or with fine which shall not be less than one lakh rupees, but may extend up to five times the value of goods or articles produced or sold or offered to be sold or affixed or applied with a Standard Mark including Hallmark, or with both:
       Provided that where the value of goods or articles produced or sold or offered to be sold cannot be determined, it shall be presumed that one year's production was in such contravention and the annual turnover in the previous financial year shall be taken as the value of

S.30 Offences by companies.

       Where an offence under this Act has been committed by a company, every director, manager, secretary or other officer of the company who, at the time the offence was committed, was in charge of and was responsible to the company for the conduct of the business of the company, or authorised representative of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly, irrespective of the fact that the offence has been committed with or without the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, or authorised representative of the company.
       Explanation.-For the purposes of this section:-
       (a) "company" means a body corporate and includes a firm or other associatio

S.31 Compensation for non-conforming goods.

Where a holder of licence or certificate of conformity or his representative has sold any goods, article, process, system or service, which bears a Standard Mark not conforming to the relevant standard, or with colourable imitation, the certified body or licence holder or his representative shall be liable to compensate the consumer for the injury caused by such non-conforming goods, article, process, system or service in such manner as may be prescribed.


S.32 Cognizance of offence by courts.

       (1) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class, specially empowered in this behalf, shall try any offence punishable under this Act.
       (2) No court shall take cognizance of any offence punishable under this Act save on a complaint made by-
       (a) or under the authority of the Bureau; or
       (b) any police officer, not below the rank of deputy superintendent of police or equivalent; or
       (c) any authority notified under sub-section (2) of section 16; or
       (d) any officer empowered under the authority of the Government; or
       (e) any consumer; or
       (f) any association.
 &nb

S.33 Compounding of offence.

       (1) Notwithstanding anything contained in the Code of Criminal Procedure, (2 of 1974) 1973, any offence committed for the first time, punishable under this Act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, either before or after the institution of any prosecution, be compounded by an officer so authorised by the Director General, in such manner as may be prescribed:
       Provided that the sum so specified shall not in any case exceed the maximum amount of the fine which may be imposed under section 29 for the offence so compounded; and any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded shall be deemed to be an offence committed for the first time.
       (2) Every officer referred to in sub-section

S.34 Appeal.

       (1) Any person aggrieved by an order made under section 13 or sub-section (4) of section 14 or section 17 of this Act may prefer an appeal to Director General of the Bureau within such period as prescribed.
       (2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
       Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the Director General that he had sufficient cause for not preferring the appeal within the prescribed period.
       (3) Every appeal made under this section shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed.
       (4) The procedure for disposing of an appeal shal

S.35 Members, officers and employees of Bureau to be public servants.

All members, officers and other employees of the Bureau shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).


S.36 Protection of action taken in good faith.

No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government or any member, officer or other employee of the Bureau for anything which is in done or intended to be done in good faith under this Act or the rules or regulations made thereunder.


S.37 Authentication of orders and other instruments of Bureau.

All orders and decisions of, and all other instruments issued by, the Bureau shall be authenticated by the signature of such officer or officers as may be authorised by the Bureau in this behalf.


S.38 Power to make rules.

The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.


S.39 Power to make regulations.

The Executive Committee may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with this Act and the rules to carry out the purposes of this Act.


S.40 Rules and regulations to be laid before Parliament.

Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.


S.41 Act not to affect operation of certain Acts.

Nothing in this Act shall affect the operation of the Agricultural Produce (Grading and Marking) Act, (1 of 1937) 1937 or the Drugs and Cosmetics Act, (23 of 1940) 1940, or any other law for the time being in force, which deals with any standardisation or quality control of any goods, article, process, system or service.


S.42 Power to remove difficulties.

       (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
       Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
       (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.


S.43 Repeal and savings.

       (1) The Bureau of Indian Standards Act, (63 of 1986) 1986 is hereby repealed.
       (2) Notwithstanding such repeal, anything done or any action taken or purported to have done or taken including any rule, regulation, notification, scheme, specification, Indian Standard, Standard Mark, inspection order or notice made, issued or adopted, or any appointment, or declaration made or any licence, permission, authorisation or exemption granted or any document or instrument executed or direction given or any proceedings taken or any penalty or fine imposed under the Act hereby repealed shall, insofar as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.
       (3) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general

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