An Act to provide for the establishment of a Bureau for the harmonious development of the activities of standardisation, marking and quality certification of goods and for matters connected therewith orincidental thereto.
BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:
Section 1. Short title, extent and commencement
(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 date as the Central Government may, by notification in the Official Gazette, appoint.
Section 2. Definitions
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 cultural, 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 constituted under section 18;
(g) "Indian Standard" means the standard (including any tentative or provisional standard) established and published by the Bureau, in relation to any article or process indicative of the quality and specification of such article or process and includes
(i) any standard recognized by the Bureau under clause (b) of section 10; and
(ii) any standard established and published, or recognized, by the Indian Standards Institution and which is in force immediately before the date of establishment of the Bureau;
(h) "Indian Standards Institution" means the Indian Standards Institution set up under the Resolution of the Government of India in the late Department of Industries and Supplies No. 1 Std. (4)/45, dated the 3rd day of September, 1946, and registered under the Societies Registration Act, 1860 (21 of 1860);
(i) "inspecting officer" means an inspecting officer appointed under section 25;
(j) "licence" means a licence granted under section 15 to use the Indian Standards Certification Mark In relation to any article or process which conforms to the Indian Standard and includes any licence granted under the Indian Standards Institution (Certification Marks) Act, 1952 (36 of 1952) and is in force immediately before the date of establishment of the Bureau;
(k) "Manufacturer" means the manufacturer of any article or process;
(l) "mark" includes a device, brand, heading, label, ticket, pictorial representation, name," signature, ,word, letter or numeral or any combination thereof;
(m) "member" means a member of the Bureau;
(n) "prescribed" means prescribed by rules made under this Act;
(o) "process" includes any practice, treatment and mode of manufacture of any article;
(p) "registering authority" means any authority competent under any law for the time being in force to register any company, firm or other body of persons, or any trade mark or design, or to grant a patent;
(q) "regulations" means regulations made by the Bureau under this Act;
(r) "rules" means rules made by the Central Government under this Act;
(s) "specification" means a description of an article or process as far as practicable by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age, material, mode of manufacture or other characteristics to distinguish it from any other article or process;
(t) "Standard Mark" means the Bureau of Indian Standards Certification Mark specified by the Bureau to represent a particular Indian Standard and also includes any Indian Standards Institution Certification Mark specified by the Indian Standards Institution;
(u) "trade mark" means a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark, whether with or without any indication of the identity of that person;
(v) an article is said to be marked with a Standard Mark if the article itself is marked with a Standard Mark or any covering containing, or label attached to, such article is so marked.
Section 3. Establishment and incorporation of Bureau of Indian Standards
(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 purpose of this Act, a Bureau, to be called the Bureau or 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;
(b) the Minister of State or a Deputy Minister, if any, in the Ministry or Department of the Central Government having administrative control of the Bureau who shall be ex-officio Vice-President of the Bureau, and where there is no such Minister of State or Deputy Minister, such person as may be nominated by the Central Government to be the Vice-President of the Bureau;
(c) the Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the Bureau ex-officio;
(d) the Director-General of the Bureau ex-officio;
(e) such number of other persons, to represent the Government, industry, scientific and research institutions, and other interests, as may be prescribed, to be appointed by the Central Government.
(4) The term of office of the members referred to in clause (e) of sub-section (3) and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions, by the members, shall be such as may be prescribed.
(5) The Bureau may associate with itself, in such manner and for such purposes as may be prescribed, any persons whose assistance or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Bureau relevant to the purposes for which he has been associated but shall not have the right to vote.
Section 4. Constitution of Executive Committee
(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.
Section 5. Constitution of the Advisory Committees and other committees
(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.
(3) Without prejudice to the powers contained in sub-section (1), the Bureau may constitute, as and when considered necessary, such number of technical committees of experts for the formulation of standards in respect of articles or processes.
Section 6. Vacancies, etc., not to invalidate proceedings of Bureau Executive Committee, etc.
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.
Section 7. Director-General of the Bureau
(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.
Section 8. Officers and employees of the 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 determined by regulations.
Section 9. Transfer or assets, liabilities and employees of Indian Standards Institution
(1) On and from the date of establishment of the
(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 (e) 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 before that date, for or in connection with the purposes of the said Institution shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Bureau;
(e) all sums of money due to the Indian Standards Institution immediately before that date shall be deemed to be due to the Bureau;
(f) all suits and other legal proceedings instituted or which could have been instituted by or against the Indian Standards Institution immediately before that date may be continued or may be instituted by or against the Bureau; and
(g) every employee holding any office under the Indian Standards Institution immediately before that date shall hold his office in the Bureau by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement or other terminal benefits as he would have held such office if the Bureau had not been established and shall continue to do so as an employee of the Bureau or until the expiry of a period of six months from that date if such employee opts not to be the employee of the Bureau within such period.
(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947 (14 of 1947), or in any other law for the time being in force, the absorption of any employee by the Bureau in its regular service under this section shall not entitle, such employee to any compensation under that Act or other law and no such claim shall be entertained by any court, tribunal or other authority.
Section 10. Functions of the Bureau
(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.