Sections Particulars
Preamble
An Act to provide for the establishment of a national standards body for the harmonious development of the activities of standardisation, conformity assessment ...
Chapter I Preliminary
1 Short title, extent and commencement
This Act may be called the Bureau of Indian Standards Act, 2016. It extends to the whole of India. It shall come into force on such date as the Central Governme...
2 Definitions
In this Act, unless the context otherwise requires,-In this Act, unless the context otherwise requires,-"article" means any substance, artificial or natural, or...
Chapter II Bureau of Indian Standards
3 Establishment of Bureau and Constitution of Governing Council
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...
4 Executive Committee of Bureau
The Governing Council may, with the prior approval of the Central Government, by notification in the Official Gazette, constitute an Executive Committee which s...
5 Advisory Committees of Bureau
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 followi...
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-No act or proceedings of the Governing Council, under secti...
7 Director General
The Central Government shall appoint a Director General of the Bureau. The terms and conditions of service of the Director General of the Bureau shall be such a...
8 Officers and employees of Bureau
The Bureau may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this Act. The terms and c...
9 Powers and functions of Bureau
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 ...
Chapter III Indian Standards, Certification and Licence
10 Indian Standards
The standards established by the Bureau shall be the Indian Standards. The Bureau may- establish, publish, review and promote the Indian Standard, in relation t...
11 Prohibition to publish, reproduce or record without authorization by Bureau
Provided that nothing in this sub-section shall prevent any individual from making a copy of Indian Standard for his personal use.No individual shall, without t...
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, articl...
13 Grant of licence or certificate of conformity
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 India...
14 Certification of Standard Mark of jewellers and sellers of certain specified goods or articles
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 wi...
15 Prohibition to import, sell, exhibit, etc.
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 t...
16 Central Government to direct Compulsory use of Standard Mark
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 he...
17 Prohibition to manufacture, sell, etc., certain goods without Standard Mark
No person shall manufacture, import, distribute, sell, hire, lease, store or exhibit for sale any such goods, article, process, system or service under sub-sect...
18 Obligations of licence holder, seller, etc.
The licence holder shall, at all times, remain responsible for conformance of the goods, articles, processes, systems or services carrying the Standard Mark. It...
Chapter IV Finance, Accounts and Audit
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 G...
20 Fund of Bureau
Provided that the fines received in clause (c) of sub-section (1) shall be used for consumer awareness, consumer protection and promotion of quality of goods, a...
21 Borrowing powers of Bureauy
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 loa...
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 estimat...
23 Annual report
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 ...
24 Accounts and audit
The accounts of the Bureau as certified by the Comptroller and Auditor-General of India or any other person appointed by him in this behalf together with the au...
Chapter V Miscellaneous
25 Power of Central Government to issue directions
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, b...
26 Restriction on use of name of Bureau and Indian Standard
No person shall, with a view to deceive or likely to deceive the public, use without the previous permission of the Bureau,- any name which so nearly resembles ...
27 Appointment and powers of certification officers
Provided that nothing shall apply to the disclosure of any information for the purpose of prosecution and protection of interest of consumers.The Bureau may app...
28 Power to search and seizure
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 o...
29 Penalty for contravention
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. Any...
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...
31 Compensation for nonconforming 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 Mar...
32 Cognizance of offence by courts
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 pu...
33 Compounding of offence
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence committed for the first time, punishable under this Act, not being an of...
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...
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 ...
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...
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 autho...
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.The Central Government may, by notific...
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 thi...
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, ...
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, 1937 or the Drugs and Cosmetics Act, 1940, or any other la...
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 p...
43 Repeal and 63 of 1986. savings
1. The Bureau of Indian Standards Act, 1986 is hereby repealed.2. Notwithstanding such repeal, anything done or any action taken or purported to have done or ta...
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