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THE BUREAU OF INDIAN STANDARD ACT, 1986

Title : THE BUREAU OF INDIAN STANDARD ACT, 1986

Year : 1986



(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 in 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-

(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 relation to which the Standard Mark has been used.

(3) Every inspecting officer shall be furnished by the Bureau with a certificate of appointment's an inspecting officer and the certificate shall, on demand, be produced by the inspecting officer.



(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 previous permission of the inspecting officer.

(3) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this section.



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 there under.



(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) Not with standing 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 of, or is attributable to any neglect on the part of, any director, manager secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation.-For the purposes of this section,-

(a) "Company" means any body corporate and includes a firm or other association of individuals; and

(b) "Director", in relation to a firm, means a partner in the firm.



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 sub-section (5) of section 3;

(d) The number of members of the Bureau who will be members of the Executive Committee under clause (b) of sub-section (1) of section 4;

(e) The terms and conditions of service of the Director-General of the Bureau under sub-section (2) of section 7;

(f) The design and the particulars to represent a particular Indian Standard under clause (c) of sub-section (1) of section 10;

(g) The purposes for which laboratories for the purposes of standardisation and quality control shall be established by the Bureau under clause (h) of sub-section (1) of section 10;

(h) The purposes for which agents may be appointed by the Bureau in India or outside India under clause (1) of sub-section (1) of section 10;

(i) The times and places at which any article or process may be inspected under clause (n) of sub-section (I) of section 10;

(j) The additional functions that may be performed by the Bureau under section 10;

(k) The cases in which, and the conditions subject to which exemption may be granted under section 12;

(l) The form in which, and the time at which, the Bureau shall prepare its budget under section 20 and its annual report under section 21;

(m) The manner in which the accounts of the Bureau shall be maintained under section 22;

(n) The conditions subject to which inspecting officer may exercise his powers under sub-section (2) of section 25;

(o) Any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules.



(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;

(d) The manner of grant, renewal, suspension or cancellation of licence under sub-section (1) of section 15;

(e) The conditions subject to which a licence may be granted or renewed and the fees payable therefore under sub-section (2) of section 15.



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 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 prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of repeal.

Last updated on July, 2016

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