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BUREAU OF INDIAN STANDARDS ACT, 1986
(1) This Act may be called the Bureau of Indian Standards Act, 1986.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
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1. Came into force on 1-4-1987, vide S.O. 272 (E), dated 31st March, 1987, published in the Gazette of India, Extra., Pt. II, Sec. 3 (ii), dated 31st March, 1987.
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In this Act, unless the context otherwise requires,—
(a) “article” means (as respects standardisation and marking) any substance, artificial or natural, or partly artificial or partly natural, whether raw or partly or wholly processed or manufactured;
(b) “Bureau” means the Bureau of Indian Standards established under section 3;
(c) “consumer” means a consumer of any article or process;
(d) “covering” includes any stopper, cask, bottle, vessel, box, crate, cover, capsule, case, frame, wrapper or other container;
(e) “Executive Committee” means the Executive Committee constituted under sub-section (1) of section 4;
(f) “Fund” means the fund constitut
(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 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 Bureau shall consist of the following members, namely:—
(a) the Minister in charge of the Ministry or Department of the Central Government having administrative control of the Bureau who shall be ex-officio President of the Bureau;
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(1) The Bureau 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 of the functions, powers and duties of the Bureau as may be delegated to it by the Bureau.
(1) Subject to any regulations made in this behalf, the Bureau may, from time to time and as and when it is considered necessary, constitute the following Advisory Committees for the efficient discharge of its functions, namely:—
(a) Financial Committee;
(b) Certification Advisory Committee;
(c) Standards Advisory Committee;
(d) Laboratory Advisory Committee;
(e) Planning and Development Advisory Committees;
(f) such number of other committees as may be determined by regulations.
(2) Each Advisory Committee shall consist of a Chairman and such other members as may be determined by regulations.
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No act or proceedings of the Bureau, the Executive Committee or any Committee constituted under section 5 shall be invalid merely by reason of—
(a) any vacancy in, or any defect in the constitution of the Bureau or the Committee; or
(b) any defect in the appointment of a person acting as a member of the Bureau or Committee; or
(c) any irregularity in the procedure of the Bureau or the Committee not affecting the merits of the case.
(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 Bureau, 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 determined by regulations.
(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 determined by regulations.
(1) On and from the date of establishment of the Bureau,—
(a) any reference to the Indian Standards Institution in any law other than this Act or in any contract or other instrument shall be deemed as a reference to the Bureau;
(b) all properties and assets, movable and immovable, of, or belonging to, the Indian Standards Institution shall vest in the Bureau;
(c) all the rights and liabilities of the Indian Standards Institution shall be transferred to, and be the rights and liabilities of, the Bureau;
(d) without prejudice to the provisions of clause (c), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Indian Standards Institution immediately befor
(1) The Bureau may exercise such powers and perform such duties as may be assigned to it by or under this Act and, in particular, such powers include the power to—
(a) establish, publish and promote in such manner as may be prescribed the Indian Standard, in relation to any article or process;
(b) recognize as an Indian Standard, in such manner as may be prescribed, any standard established by any other Institution in India or elsewhere, in relation to any article or process;
(c) specify a Standard Mark to be called the Bureau of Indian Standards Certification Mark which shall be of such design and contain such particulars as may be prescribed to represent a particular Indian Standard;
(d) grant, renew, suspend or cancel a licence for the us
(1) No person shall use, in relation to any article or process, or in the title of any patent, or in any trade mark or design the Standard Mark or any colourable imitation thereof, except under a licence.
(2) No person shall, notwithstanding that he has been granted a licence, use in relation to any article or process the Standard Mark or any colourable imitation thereof unless such article or process conforms to the Indian Standard.
No person shall, except in such cases and under such conditions as may be prescribed, 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 which contains the expression “Indian Standard” or any abbreviation thereof; or
(b) any mark or trade mark in relation to any article or process containing the expressions “Indian Standard” or “Indian Standard Specification” or any abbreviation of such expression.
(1)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 name or mark; or
(b) register a trade mark or design which bears any name or mark; or
(c) grant a patent, in respect of an invention, which bears a title containing any name or mark,
if the use of such name or mark is in contravention of section 11 or section 12.
(2) If any question arises before a registering authority whether the use of any name or mark is in contravention of section 11 or section 12, the registering authority may refer the question to the Central Government whose decision thereon shall be final.
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If the Central Government, after consulting the Bureau, is of the opinion that it is necessary or expedient so to do, in the public interest, it may, by order published in the Official Gazette,—
(a) notify any article or process of any scheduled industry which shall conform to the Indian Standard; and
(b) direct the use of the Standard Mark under a licence as compulsory on such article or process.
Explanation.—For the purposes of this section, the expression “scheduled industry” shall have the meaning assigned to it in the Industries (Development and Regulation) Act, 1951 (65 of 1951).
(1) The Bureau may, by order, grant, renew, suspend or cancel a licence in such manner as may be determined by regulations.
(2) The grant or renewal of the licence under sub-section (1) shall be subject to such conditions and on payment of such fees as may be determined by regulations.
(1) Any person aggrieved by an order made under section 15 may prefer an appeal to the Central Government within such period as may be prescribed.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefore:
Provided that an appeal may be admitted after the expiry of the period prescribed therefore if the appellant satisfies the Central Government 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 shall be such as may be prescribed:
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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 that Government may consider necessary.
(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 under section 17;
(b) all fees and charges received by the Bureau under this Act;
(c) 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 its functions under section 10;
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(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 the Bureau under sub-section (1).
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.
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.
(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.
(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 a the Comptroller and Auditor-General generally has in connection with the audit of Government accounts
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.
(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.
(1)The Bureau may appoint as many inspecting officers as may be necessary for the purpose of inspecting whether any article or process in relation to which the Standard Mark has been used conforms to the Indian Standard or whether the Standard Mark has been properly used in relation to any article or process with or without licence, and for the purpose of performing such other functions as may be assigned to them.
(2) Subject to any rules made under this Act, an inspecting officer shall have power to—
power to—"
(a) inspect any operation carried on in connection with any article or process in relation to which the Standard Mark has been used; and
(b) take samples of any article or of any material or substances used in any article or process, in
(1) If the inspecting officer has reason to believe that any article or process in relation to which the contravention of section 11 or section 12 has taken place are secreted in any place, premises or vehicles, he may enter into and search such place, premises or vehicle for such article or process.
(2) Where, as a result of any search made under sub-section (1), any article or process has been found in relation to which contravention of section 11 or section 12 has taken place, he may seize such article and other things which, in his opinion, will be useful for, or relevant to, any proceeding under this Act:
Provided that where it is not practicable to seize any such article or thing, the inspecting officer may serve on the owner an order that he shall not remove, part with, or otherwise deal with, the article or things except with the
Legal Comments
"Section 26" - BIS Act 1986 - Power to impose penalties and enforce compliance under service regulations; [ROHITBHAI JAYARAMBHAI PATEL VS STATE OF GUJARAT - 2014 0 Supreme(Guj) 753]
"Section 26" - Context in BIS Act: vicarious liability and company/officer liability; [ROHITBHAI JAYARAMBHAI PATEL VS STATE OF GUJARAT - 2014 0 Supreme(Guj) 753]
"Rule 15/Section 15" - Licence grant/renewal under BIS Act; Section 15 governs licence terms; [BUREAU OF INDIAN STANDARDS VS PEPSICO INDIA HOLDINGS P. LTD. - 2008 0 Supreme(Del) 1161]
"Section 25/Section 26" - Inspecting officers powers; sampling/testing authority; [Ador Welding Limited VS Union Of India - 2023 0 Supreme(Bom) 888]
"Section 12" - Use of BIS Standard Mark prohibited without licence; stamping/usage constitutes "use"; [Tata Metaliks Kubota Pipes Limited Si VS UNION OF INDIA - 2010 0 Supreme(Cal) 102]
"Section 14" - Central Government can notify articles/processes to conform to Indian Standards and require compulsory use of Standard Mark; public interest/regulatory policy; [SRI BALAJI INDUSTRIES, BANGALORE VS UNION OF INDIA, NEW DELID-1 - 2007 0 Supreme(Kar) 206], [BUREAU OF INDIAN STANDARDS VS PEPSICO INDIA HOLDINGS P. LTD. - 2008 0 Supreme(Del) 1161]
"Section 38" - BIS (Regulations) – regulatory framework for service/appointments; est. of regulations; [EVEREST SANITATION (INDIA) VS DELHI JAL BOARD - 2007 0 Supreme(Del) 1268]
"Regulation 4(1)" (Certification Regulations) - factors for BIS licence: skill, facilities, antecedents; used to assess licence eligibility; [Tata Metaliks Kubota Pipes Limited Si VS UNION OF INDIA - 2010 0 Supreme(Cal) 102]
"Regulation 5" (Non-confirming of Licence emergent basis) - power to act on health and safety grounds with post-decision hearing; [BUREAU OF INDIAN STANDARDS VS PEPSICO INDIA HOLDINGS P. LTD. - 2008 0 Supreme(Del) 1161]
"Section 10" (Powers of BIS) - broad functional powers including testing labs, inspections, standardisation, and certification; [BUREAU OF INDIAN STANDARDS VS PEPSICO INDIA HOLDINGS P. LTD. - 2008 0 Supreme(Del) 1161]
"Section 11" - Prohibition on use of Standard Mark without licence; misuses attract penalties; [Bureau of Indian Standars VS Vijay Singh - 2011 0 Supreme(P&H) 1105], [KAPIL GUPTA VS UNION OF INDIA - 2007 0 Supreme(Del) 1298]
"Section 12" - Use of mark without permission prohibited; inclusion of stamping as "use"; [Tata Metaliks Kubota Pipes Limited Si VS UNION OF INDIA - 2010 0 Supreme(Cal) 102]
"Section 14" - Compulsory use for scheduled industries after consultation; regulatory mechanism for mandatory marks; [SRI BALAJI INDUSTRIES, BANGALORE VS UNION OF INDIA, NEW DELID-1 - 2007 0 Supreme(Kar) 206]
"Section 25" - Inspecting officers; sampling/testing; enforcement; [R. C. Sodani S/o R. P. Sodani VS State Rep. by State Public Prosecutor - 2021 0 Supreme(Kar) 18]
"Section 27/28" (Certification Officers; recognition of laboratories) - powers regarding recognition and accreditation of testing labs; [Mohammed Manzoor Abdul Salam VS Bureau Of Indian Standards - 2024 0 Supreme(Ker) 269]
"Section 33" (Misuse of ISI Mark) - summary: misuses; not actionable if license/expiry issues; [Bureau of Indian Standars VS Vijay Singh - 2011 0 Supreme(P&H) 1105]
"Section 40" - Interplay with other Acts (Drugs & Cosmetics) – BIS standards operate in addition to other laws; not exhaustively exclusive; [HEM PLAST HEALTH CARE PRIVATE LIMITED VS STATE - 1997 0 Supreme(Guj) 381]
"Section 2(t)" - Indian Standard definition; includes standards adopted/published; [Prem Prakash VS Union of India - 2025 0 Supreme(MP) 451]
"Section 14 (regulatory interplay)" - compulsory marking for imports/regulated goods; import controls and BIS certification; [HEM PLAST HEALTH CARE PVT. LTD. VS STATE OF GUJARAT - 1997 0 Supreme(Guj) 380]
"Public interest/Policy considerations" - Courts generally defer to government policy on standards and quality control; judicial restraint in technical standards matters; [Century Plyboards (I) Ltd. vs Union Of India - 2025 0 Supreme(Gau) 571], [All India Hdpe/Pp Woven Fabric Manufacturers’ Association VS Secretary Government Of India Competition Commission Of India - 2024 0 Supreme(Kar) 7]
"Labeling/Advertising standards" - BIS labeling and ISI/Standard Mark impact on consumer health and public policy; [EVEREST SANITATION (INDIA) VS DELHI JAL BOARD - 2007 0 Supreme(Del) 1268], [PEPSICO INDIA HOLDINGS PVT. LTD VS BUREAU OF INDIAN STANDARDS - 2006 0 Supreme(Del) 847]
"PFA Act alignment" - BIS standards incorporated with Prevention of Food Adulteration Act for packaged drinking water; mandatory BIS certification in many cases; [H & R Johnson (India) Ltd. VS Lourdes Society Snehanjali Girls Hostel - Consumer (2013)], [GODREJ AGROVET LTD. VS V. J. THOMAS - Consumer (1997)]
"Labelling vs. ISI mark debate" - Courts deem some labels non-misleading (e.g., purity claims) if not prohibited by BIS/other statutes; but BIS labeling powers remain broad; [EVEREST SANITATION (INDIA) VS DELHI JAL BOARD - 2007 0 Supreme(Del) 1268], [PEPSICO INDIA HOLDINGS PVT. LTD VS BUREAU OF INDIAN STANDARDS - 2006 0 Supreme(Del) 847]
"Export vs. Domestic use" - BIS certification requirements may extend to export-friendly regimes; licensing and enforcement may permit export without domestic holding in some cases; [Ador Welding Limited VS Union Of India - 2023 0 Supreme(Bom) 888]
"Industrial/licence requirements—historical BIS regime" - BIS licensing interacts with industrial licensing and central government directions; [JHUNJHUNWALA VANASPATI LTD VS BUREAU OF INDIAN STANDARDS - 1991 0 Supreme(All) 193]
"CFL case" - Mandatory BIS certification for CFLs; life-span standard (6000 hours) challenged but court upholds the standard as non-arbitrary; regulatory deference; [KAPIL GUPTA VS UNION OF INDIA - 2007 0 Supreme(Del) 1298], [Kapil Gupta vs Union of India - Delhi (2007)]
"Water meters case" - BIS testing requirements upheld; private testing agencies struck as arbitrary; official agencies allowed under Rule 11; [EVEREST SANITATION (INDIA) VS DELHI JAL BOARD - 2007 0 Supreme(Del) 1268], [EVEREST SANITATION (INDIA) VS DELHI JAL BOARD - 2007 0 Supreme(Del) 1272]
"Petrochemical/caustic soda case" - BIS 2016/2018 orders mandating IS/Standard Mark for imported goods; court acknowledges BIS authority to regulate imports for standards; [Ganesh Benzoplast Limited VS Union of India - 2020 0 Supreme(Bom) 1122]
"Economic regulation vs. consumer protection" - BIS Act supports regulatory controls to ensure public health and safety; courts defer to policy unless arbitrary or violative of fundamental rights; [Century Plyboards (I) Ltd. vs Union Of India - 2025 0 Supreme(Gau) 571], [BALAJI INDUSTRIES, BANGALORE VS UNION OF INDIA - 2007 0 Supreme(Kar) 209]
"Enforcement mechanics" - stopping marking/holding products when non-compliant; need not provide prior hearing in urgent/safety contexts per Rule 5/Section 15; [BUREAU OF INDIAN STANDARDS VS PEPSICO INDIA HOLDINGS P. LTD. - 2008 0 Supreme(Del) 1161]
"Retention of standards relevance" - BIS is statutory body; standards may be voluntary but become binding when mandated by statute/contract; emphasis on the binding nature of BIS standards in scheduled industries; [Prem Prakash VS Union of India - 2025 0 Supreme(MP) 451], [HEM PLAST HEALTH CARE PRIVATE LIMITED VS STATE - 1997 0 Supreme(Guj) 381]
The Bureau may, by general or special order in writing, delegate to any member, member of the Executive Committee, officer of the Bureau or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this Act (except the powers under section 38) as it may deem necessary.
Every licensee shall supply the Bureau with such information, and with such samples of any material or substance used in relation to any article or process, as the Bureau may require.
Nothing in this Act shall exempt any person from any suit or other proceeding which might, apart from this Act, be brought against him.
Any information obtained by an inspecting officer or the Bureau from any statement made or information supplied or any evidence given or from inspection made under the provisions of this Act shall be treated as confidential:
Provided that nothing in this section shall apply to the disclosure of any information for the purpose of prosecution under this Act.
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).
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 good faith done or intended to be done under this Act or the rules or regulations made thereunder.
(1) Any person who contravenes the provisions of section 11, or section 12 or section 14 or section 15 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both.
(2) Any court trying a contravention under sub-section (1) may direct that any property in respect of which the contravention has taken place shall be forfeited to the Bureau.
(1) No court shall take cognizance of any offence punishable under this Act, save on a complaint made by or under the authority of the Government or Bureau or by any officer empowered in this behalf by the Government or the Bureau, or any consumer or any association recognised in this behalf by the Central or State Government.
(2) 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.
(1)Where an offence under this Act has been committed by a company, every person 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, 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:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance
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.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the number of members of the Bureau and the interest such members would represent under clause (e) of sub-section (3) of section 3;
(b) the term of office of the members of the Bureau, the manner of filling vacancies and the procedure to be followed in the discharge of their functions by, the members under sub-section (4) of section 3;
(c) the manner in, and the purposes for, which the Bureau may associate with itself any person for assistance and advice under s
(1)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 generally to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—
(a) the members of the Advisory Committees constituted under section 5;
(b) the powers and duties that may be exercised and discharged by the Director-General of the Bureau under sub-section (4) of section 7;
(c) the terms and conditions of service of officers and employees of the Bureau under sub-section (2) of section 8;
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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.
Nothing in this Act shall affect the operation of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937) or the Drugs and Cosmetics Act, 1940 (23 of 1940), or any other law, for the time being in force, which deals with any standardization or quality control of any article or process.
(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 five 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.
(1) The Indian Standards Institution (Certification Marks) Act, 1952 (36 of 1952), 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, in so far 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 pre
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