(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 use of the Standard Mark;
(e) Levy fees for the grant or renewal of any licence;
(f) Make such inspection and take such samples of any material or substance as may be necessary to see 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 improperly used in relation to any article or process with or without a licence;
(g) 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 institution or organization in any country;
(h) Establish, maintain and recognize laboratories for the purpose of standardization and quality control and for such other purposes as may be prescribed;
(i) Undertake research for the formulation of Indian Standards in the interests of consumers and manufacturers;
(j) Recognize any institution in India or outside which is engaged in the standardization of any article or process or the improvement of the quality of any article or process;
(k) Provide services to manufacturers and consumers of articles or processes on such terms and conditions as may be mutually agreed upon;
(l) Appoint agents in India or outside India for the inspection, testing and such other purposes as may be prescribed;
(m) Establish branches, offices or agencies in India or outside;
(n) Inspect any article or process, at such times and at such places as may be prescribed in relation to which the Standard Mark is used or which is required to conform to the Indian Standard by this Act or under any other law irrespective of whether such article or process is in India or is brought or intended to be brought into India from a place outside India;
(o) Co-ordinate activities of any manufacturer or association of manufacturers or consumers engaged in standardization and in the improvement of the quality of any article or process or in the implementation of any quality control activities;
(p) Perform such other functions as may be prescribed.
(2) The Bureau shall perform its functions under this section in accordance with, and subject to, such rules as may be made by the Central Government.
(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 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.
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).
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