Bureau of Indian Standard Act, 1986 :: Indian Bare Acts
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
(3) It shall come into
force on such date {
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 natural,
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 recognised by the Bureau under clause (b) of section 10; and
(ii)
any standard established and published, or recognised, by the Indian Standard
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 the
under the Resolution of the Government of India in the late Department of
Industries and Supplies No.1 Std.(4) /45 dates 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 any article or process which conforms
to the Indian Standard and includes any licence granted under the Indian
Standards institution (Certification Marks) Act, 1952(30 of 1952), and is in
force immediately before the date of establishment of the Bureau;
(k)
"manufacture" 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 manufactured 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 regulation 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 to process;
(t) "Standard
Mark' means the Bureau of Indian Standards Certification Mark specified by the
Bureau of 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 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 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.
3. Establishment and
incorporation of Bureau of Indian Standards.-
(1) With effect the
from such date as the Central Government may, by notification in the Official
Gazette, appoint in this behalf shall be established for the purpose of this
Act, a Bureau to be called the Bureau of 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
be the said name sue and be sued.
(3) The Bureau shall
consist of the following member, 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 Minister or
Department of the Central Government having administrative control of the
Bureau who shall be ex-officio Vice-President of the Bureau and where is no
such Minister of State of 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 of
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 purpose as may be prescribed any persons whose assistance or advice it may desire in complying with any of 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 purpose for which he has been associated but shall not have the right to vote.
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 functions, powers and duties of the Bureau as may be delegated to it by the Bureau.
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 Committee;
(f)
such number of the 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.
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.
7. Director General of
the Bureau.-
(1) The Central
Government shall appoint a Director General the Bureau.
(2) The terms and
conditions of service of the Director-General 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 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.
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 as may be determined by reclamations.
9. Transfer of assets,
liabilities and employees of Indian Standards Institution.-
(1) On and from the
date of establishment of the Bureau,-
(a)
any reference to the Indian Standards Institution in any law other than this
Act or in any contract or rather 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 the rights and liabilities of, the Bureau;
(d)
without prejudice to the provisions of clause (c), 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 the 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 services 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 expiry of a period of
six months from that date of 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 employees to any compensation under that Act or other law and so such claim be entertained by any court, tribunal or other authority.
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 to process;
(b)
recognise 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 particular as
may be prescribed to represent a particular Indian Standard;
(d)
grant, renew, suspend or cancel a licence for the use for the use 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
necessary to see whether any article or process in relation to which the
Standard Mark has been used conforms to the Indian Standard of 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 organisation in any country;
(h)
establish, maintain and recognise laboratories for the purpose of
standardisation an quality control and for such other purpose as may be
prescribed;
(i)
undertake research for the formulation of Indian Standards in the interests of
consumers and manufacturers;
(j)
recognise any institution in India or outside which is engaged in the
standardisation of any process or the improvement of the quality of any article
or process;
(k)
provide service to manufactured and consumers of articles or processes on such terms
and conditions as may be mutually agreed upon;
(l)
appoint agent in India or outside India for the inspection, testing and such
other purpose as may be prescribed;
(m)
established 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 Actor under any other law
irrespective of whether such article or process is in India or is brought or
intended to be brought into India form a place outside India;
(o)
co-ordinate activities of any manufacturer or association of manufacturers or
consumers engaged in standardisation and in the improvement of the quality of
any article or process or in the implementation or any quality control
activities;
(p)
perform such other function 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.
11. Prohibition of
improper use of Standard Mark.-
(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 un less such article or process conforms to the Indian Standard.
12. Prohibition of use
of certain names, etc.-
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 expressions.
13. Prohibition of
registration in certain cases.-
(1) Notwithstanding
anything contained in any law for the time being in force, no registering
authority shall-
(a)
register any company, firms or 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.
14. Compulsory use of
Standard Mark for articles and processes to certain scheduled industries.-
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 purpose 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).
15. Grant of licence.-
(1) The Bureau may, by
order, grant, renew, suspend or cancel a licence in such manner as may be
determined by regulations.
(2) The grant or renewal of the licence under sub-section (1) shall be subject to such conditions and on payment of such fees as may be determined by regulations.
16. Appeal.-
(1) Any person
aggrieved by an order made under section 15 may prefer an appeal to the Central
Government within such period as may be prescribed.
(2) No appeal shall be
admitted if it is preferred after the expiry of the period prescribed
therefore:
Provided that an appeal may be admitted after the expiry of the period prescribed
therefore if the appellant satisfies the Central Government that he had
sufficient cause of for not preferring, the appeal within the prescribed
period.
(3) Every appeal made
under this section shall be made in such form and shall be accompanied by a
copy of the order appealed against and by such fees as may be prescribed.
(4) The procedure for
disposing of an appeal shall be such as may be prescribed:
Provided that before disposing of an appeal the appellant shall be given a reasonable opportunity of being heard.
17. Grants and loans by
the Central Government.-
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 that Government may consider necessary.
18. Fund.-
(1) There shall be constituted
a Fund to be called the Bureau of Indian Standards Fund and there shall be
credited thereto-
(a)
any grants and loans made to the Bureau by the Central Government under section
17;
(b)
all fees and charges received by the Bureau under this Act;
(c)
all sums received by the Bureau from such other sources as may be decided upon
by the Central Government.
(2) The Fund shall be
applied for meeting-
(a)
the salary, allowances and other remuneration of the members, Director-General,
officers and other employees of the Bureau;
(b)
expenses of the Bureau in the discharge of its functions under section 10;
(c) expenses on objects and for purposes authorised by this Act.
19. Borrowing powers
of the bureau.-
(1) The Bureau may,
with the consent of the Central Government or in accordance with the terms of
any general or special authority given to it by the Central Government borrow
money from any source as it may deem fir for discharging all or any of its
functions under this Act.
(2) 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 loans borrowed by the Bureau under subsection (1).
20. 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 estimated receipts and expenditure of the Bureau and forward the same to the Central Government.
21. 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 during the previous financial year, and submit a copy thereof to the Central Government.
22. Accounts and audit.-
(1) The Bureau shall
maintain proper accounts and other relevant records and prepare an annual
statement of accounts in such form as may be prescribed by the Central
Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of
the Bureau shall be audited by the Comptroller and Auditor-General of India at
such intervals as may be specified by him and any expenditure incurred in
connection with such audit shall be payable by the Bureau to the Comptroller
and Auditor-General.
(3) The Comptroller
and Auditor-General of India and any person appointed by him in connection with
the audit of the accounts of the Bureau shall have the same rights and
privileges and the authority in connection with such audit as the Comptroller
and Auditor-General generally has in connection with the audit of Government
accounts and, in particular, shall have the right to demand the production of
books, accounts, connected vouches and other documents and papers and to
inspect any of the offices of the Bureau.
(4) 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 audit report thereon shall be forwarded annually to the Central Government and that Government shall cause the same to be laid before each House of Parliament.
23. Annual report to
be laid before Parliament.-
The Central Government shall cause the annual report to be laid, as soon as may be after it is received, before each House of Parliament.
24. Power of Central
Government to issue directions.-
(1) Without prejudice
to the foregoing provisions of this Act, the Bureau shall, in the exercise of
its powers or the performance of its function under this Act, be bound by such
direction on 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.
25. Inspecting
officer.-
(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 appointments as an inspecting officer and the certificate shall, on demand, be produced by the inspecting officer.
26. Power to search
and seizure.-
(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 plans,
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.
27. Delegation.-
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.
28. Power to obtain
information.-
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.
29. Savings.-
Nothing in this Act shall exempt any person from any suit or other proceeding which might, apart from this Act, be brought against him.
30. Certain matters to
be kept confidential.-
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.
31. Members, officers
and employees of the Bureau to be public servants.-
All members, officer 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).
32. 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 Bureau for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
33. Penalty for
improper use of Standard Mark, etc.-
(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.
34. Cognizance of
offences by courts.-
(1) No court shall
take cognizance of any offence punishable under this Act, save 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.
35. Offences by
companies.-
(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) Notwithstanding
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.
36. Authentication or
orders and other instruments of the 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 authorised by the Bureau in this behalf.
37. Power to make
rules.-
(1) The Central
Government may be 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 filing 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) or 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 Indians 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 (l) 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 (1) 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 by the 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 provisions is to be, or may be, made by rules.
38. Power to make
regulations.-
(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 rules generally to carry out the purposes of this Act.
(2) In particular, and
without prejudice to the generally 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.
39. 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, 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 regulator should not b 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 b without prejudice to the validity of anything previously don under that rule or regulation.
40. Act not to affect
operation of certain Acts.-
Nothing in this Act shall affect the opinion 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 standardisation or quality of any article or process.
41. Power to remove
difficulties.-
(1) If any difficulty
arises in giving effect to the provisions of this Act, the Central Government
may, b order, published in the Official Gazette, make such provisions not
inconsistent with the provisions of this Act as may appear to b necessary for
removing the difficulty:
Provided that no other 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 b laid, as soon as may be after it is made, before each House of Parliament.
42. Repeal and
saving.-
(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 fin 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.
File Size: 278.75kb