The Bureau of Indian Standards Act, 2016.

(1) This Act may be called the Bureau of IndianStandards Act, 2016. (2) It extends to the whole of India. (3) It shall come into force on such date 1 as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires, (1) “article” means any substance, artificial or natural, or partly artificial or partly natural,whether raw or partly or wholly processed or manufactured or handmade within India or importedinto India; (2) “assaying and hallmarking centre” means a testing and marking centre recognised by theBureau to determine the purity of precious metal articles and to apply hallmark on the precious metalarticles in a manner as may be determined by regulations; (3) “Bureau” means the Bureau of Indian Standards established under section 3; (4) “certification officer” means a certification officer appointed under sub-section (1) ofsection 27; (5) “certified body” means a holder of certificate of conformity or licence under sub-section (2)of section 13 in relation to any goods, article, process, system or service which conforms to astandard; (6) “certified jeweller” means a jeweller who has been granted a certificate by the Bureau to getmanufactured for sale or to sell any precious metal article after getting the same hallmarked in amanner as may be determined by regulations; (7) “conformity assessment” means demonstration that requirements as may be specified relatingto an article, process, system, service, person or body are fulfilled; (8) “conformity assessment scheme” means a scheme relating to such goods, article, process,system or service as may be notified by the Bureau under section 12; (9) “consumer” means a person as defined in the Consumer Protection Act, 1986 (68 of 1986); (10) “covering” includes any stopper, cask, bottle, vessel, box, crate, cover, capsule, case, frame,wrapper, bag, sack, pouch or other container; (11) “Director General” means the Director General appointed under sub-section (1) of section 7; (12) “Executive Committee” means the Executive Committee constituted under sub-section (1) ofsection 4; (13) “fund” means the fund constituted under section 20; (14) “goods” includes all kinds of movable properties under the Sale of GoodsAct, 1930 (3 of 1930), other than actionable claims, money, stocks and shares; (15) “Governing Council” means a Governing Council constituted under sub-section (3) ofsection 3; (16) “Hallmark” means in relation to precious metal article, the Standard Mark, which indicatesthe proportionate content of precious metal in that article as per the relevant Indian Standard; (17) “Indian Standard” means the standard including any tentative or provisional standardestablished and published by the Bureau, in relation to any goods, article, process, system or service,indicative of the quality and specification of such goods, article, process, system or service andincludes (i) any standard adopted by the Bureau under sub-section (2) of section 10; and (ii) any standard established and published, or recognised, by the Bureau of Indian Standardsestablished under the Bureau of Indian Standard Act, 1986 (63 of 1986), which was in forceimmediately before the commencement of this Act; (18) “Indian Standards Institution” means the Indian Standards Institution registered under theSocieties Registration Act, 1860 (21 of 1860); (19) “jeweller” means a person engaged in the business to get manufactured precious metal articlefor sale or to sell precious metal articles; (20) “licence” means a licence granted under section 13 to use a specified Standard Mark inrelation to any goods, article, process, system or service, which conforms to a standard; (21) “manufacturer” means a person responsible for designing and manufacturing any goods orarticle; (22) “mark” includes a device, brand, heading, label, ticket, pictorial representation, name,signature, word, letter or numeral or any combination thereof; (23) “member” means a member of the Governing Council, Executive Committee or any of theAdvisory Committee; (24) “notification” means a notification published in the Official Gazette and the expression“notify” or “notified” shall be construed accordingly; (25) “person” means a manufacturer, an importer, a distributor, retailer, seller or lessor of goodsor article or provider of service or any other person who uses or applies his name or trade mark or anyother distinctive mark on to goods or article or while providing a service, for any consideration orgives goods or article or provides service as prize or gift for commercial purposes including theirrepresentative and any person who is engaged in such activities, where the manufacturer, importer,distributor, retailer, seller, lessor or provider of service cannot be identified; (26) “precious metal” means gold, silver, platinum and palladium; (27) “precious metal article” means any article made entirely or in part from precious metals ortheir alloys; (28) “prescribed” means prescribed by rules made under this Act; (29) “process” means a set of inter-related or interacting activities, which transforms inputs intooutputs; (30) “recognised testing and marking centre” means a testing and marking centre recognised bythe Bureau under sub-section (5) of section 14; (31) “recognised testing laboratory” means a testing laboratory recognised by the Bureau undersub-section (4) of section 13; (32) “registering authority” means any authority competent under any law for the time being inforce to register any company, firm or other body of persons, or any trade mark or design, or to granta patent; (33) “regulations” means regulations made by the Bureau under this Act; (34) “sale” means to sell, distribute, hire, lease or exchange of goods, article, process, system orservice for any consideration or for commercial purposes; (35) “seller” means a person who is engaged in the sale of any goods, article, process, system orservice; (36) “service” means the result generated by activities at the interface between an organisationand a customer and by organisation’s internal activities, to meet customer requirements; (37) “specification” means a description of goods, article, process, system or service as far aspracticable by reference to its nature, quality, strength, purity, composition, quantity, dimensions,weight, grade, durability, origin, age, material, mode of manufacture or processing, consistency andreliability of service delivery or other characteristics to distinguish it from any other goods, article,process, system or service; (38) “specified” means specified by the regulations; (39) “standards” means documented agreements containing technical specifications or otherprecise criteria to be used consistently as rules, guidelines, or definitions of characteristics, to ensurethat goods, articles, processes, systems and services are fit for their purpose; (40) “Standard Mark” means the mark specified by the Bureau, and includes Hallmark, torepresent conformity of goods, article, process, system or service to a particular Indian Standard orconformity to a standard, the mark of which has been established, adopted or recognised by theBureau and is marked on the article or goods as a Standard Mark or on its covering or label attachedto such goods or article so marked; (41) “system” means a set of inter-related or interacting elements; (42) “testing laboratory” means a body set up for the purpose of testing of goods or article againsta set of requirements and report its findings; (43) “trade mark” means a mark used or proposed to be used in relation to goods or article orprocess or system or service for the purpose of indicating, or so as to indicate, a connection in thecourse of trade of goods, article, process, system or service, as the case may be, and some personhaving the right, either as proprietor or as registered user, to use the mark, whether with or withoutany indication of the identity of that person.

(1) With effect from suchdate as the Central Government may, by notification in the Official Gazette, appoint in this behalf, thereshall be established a national body for the purposes of this Act, a Bureau, to be called the Bureau ofIndian Standards. (2) The Bureau shall be a body corporate by the name aforesaid, having perpetual succession and acommon 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 members of the Governing Council shall constitute the Bureau and general superintendence,direction and management of the affairs of the Bureau shall vest in the Governing Council, which shallconsist of the following members, namely: (a) the Minister in-charge of the Ministry or Department of the Central Government havingadministrative 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 theCentral Government having administrative control of the Bureau who shall be ex officioVice-President of the Bureau, and where there is no such Minister of State or Deputy Minister, suchperson as may be nominated by the Central Government to be the Vice-President of the Bureau; (c) the Secretary to the Government of India of the Ministry or Department of the CentralGovernment 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 researchinstitutions, consumers and other interests, as may be prescribed, to be appointed by the CentralGovernment. (4) The term of office of the members referred to in clause (e) of sub-section (3) and the manner offilling vacancies among, and the procedure to be followed in the discharge of their functions by themembers, shall be such as may be prescribed: Provided that a member, other than an ex officio member of the Bureau of Indian Standardsconstituted under the Bureau of Indian Standards Act, 1986 (63 of 1986), shall, after the commencementof this Act, continue to hold such office as member till the completion of his term (5) The Governing Council may associate with itself, in such manner and for such purposes as may beprescribed, any person whose assistance or advice it may desire in complying with any of the provisionsof this Act and a person so associated shall have the right to take part in the discussions of the GoverningCouncil relevant to the purposes for which he has been associated but shall not have the right to vote. (6) The Governing Council may, by general or special order in writing, delegate to any member, theDirector General 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 37 as it may deemnecessary.

(1) The Governing Council may, with the prior approval ofthe Central Government, by notification in the Official Gazette, constitute an Executive Committee whichshall consist of the following members, namely: (a) Director General of the Bureau, who shall be its ex officio Chairman; and (b) such number of members, as may be prescribed. (2) The Executive Committee constituted under sub-section (1) shall perform, exercise and dischargesuch functions, powers and duties of the Bureau, as may be delegated to it by the Governing Council.

(1) Subject to any regulations made in this behalf, theGoverning Council may, from time to time and as and when it is considered necessary, constitute thefollowing Advisory Committees for the efficient discharge of the functions of the Bureau, namely: (a) Finance Advisory Committee; (b) Conformity Assessment Advisory Committee; (c) Standards Advisory Committee; (d) Testing and Calibration Advisory Committee; and (e) such number of other committees as may be specified by regulations. (2) Each Advisory Committee shall consist of a Chairman and such other members as may bespecified by regulations.