The Bureau of Indian Standards Act, 2016
Chapter II BUREAU OF INDIAN STANDARDS
General201643 sections5 chapters
Chapter II BUREAU OF INDIAN STANDARDS
3. Establishment of Bureau and Constitution of Governing Council.
Statutory text
- (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 a national body for the purposes 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 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 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 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, consumers 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: Provided that a member, other than an ex officio member of the Bureau of Indian Standards constituted under the Bureau of Indian Standards Act, 1986 (63 of 1986), shall, after the commencement of 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 be prescribed, any person 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 Governing Council 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, the Director 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 deem necessary.
Chapter II BUREAU OF INDIAN STANDARDS
4. Executive Committee of Bureau.
Statutory text
- (1) The Governing Council 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; and
- (b) such number of members, as may be prescribed.
- (2) The Executive Committee constituted under sub-section (1) shall perform, exercise and discharge such functions, powers and duties of the Bureau, as may be delegated to it by the Governing Council.
Chapter II BUREAU OF INDIAN STANDARDS
5. Advisory Committees of Bureau.
Statutory text
- (1) 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 following 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 be specified by regulations.
Chapter II BUREAU OF INDIAN STANDARDS
6. Vacancies, etc., not to invalidate act or proceedings.
Statutory text
No act or proceedings of the Governing Council, under section 3 shall be invalid merely by reason of—
- (a) any vacancy in, or any defect in the constitution of the Governing Council; or
- (b) any defect in the appointment of a person acting as a member of the Governing Council; or
- (c) any irregularity in the procedure of the Governing Council not affecting the merits of the case.
Chapter II BUREAU OF INDIAN STANDARDS
7. Director General.
Statutory text
- (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 Governing Council, 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 specified by regulations.
- (5) The Director General may, by general or special order in writing, delegate to any officer of the Bureau subject to such conditions, if any, as may be specified in the order, such of his powers and functions as are assigned to him under the regulations or are delegated to him by the Governing Council, as he may deem necessary.
Chapter II BUREAU OF INDIAN STANDARDS
8. Officers and employees of Bureau.
Statutory text
- (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 specified by regulations.
Chapter II BUREAU OF INDIAN STANDARDS
9. Powers and functions of Bureau.
Statutory text
- (1) 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 may include the power to—
- (a) establish branches, offices or agencies in India or outside;
- (b) recognise, on reciprocal basis or otherwise, with the prior approval of the Central Government, the mark of any international body or institution, on such terms and conditions as may be mutually agreed upon by the Bureau in relation to any goods, article, process, system or service at par with the Standard Mark for such goods, article, process, system or service;
- (c) 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 or with any international organisation;
- (d) enter into and search places, premises or vehicles, and inspect and seize goods or articles and documents to enforce the provisions of this Act;
- (e) provide services to manufacturers and consumers of goods or articles or processes for compliances of standards on such terms and conditions as may be mutually agreed upon;
- (f) provide training services in relation to quality management, standards, conformity assessment, laboratory testing and calibration, and any other related areas;
- (g) publish Indian Standards and sell such publications and publications of international bodies;
- (h) authorise agencies in India or outside India for carrying out any or all activities of the Bureau and such other purposes as may be necessary on such terms and conditions as it deems fit;
- (i) obtain membership in regional, international and foreign bodies having objects similar to that of the Bureau and participate in international standards setting process;
- (j) undertake testing of samples for purposes other than for conformity assessment; and
- (k) undertake activities relating to legal metrology.
- (2) The Bureau shall take all necessary steps for promotion, monitoring and management of the quality of goods, articles, processes, systems and services, as may be necessary, to protect the interests of consumers and various other stake holders which may include the following namely: —
- (a) carrying out market surveillance or survey of any goods, article, process, system or service to monitor their quality and publish findings of such surveillance or surveys;
- (b) promotion of quality in connection with any goods, article, process, system or service by creating awareness among the consumers and the industry and educate them about quality and standards in connection with any goods, article, process, system and service;
- (c) promotion of safety in connection with any goods, article, process, system or service;
- (d) identification of any goods, articles, process, system or service for which there is a need to establish a new Indian Standard, or to revise an existing Indian Standard;
- (e) promoting the use of Indian Standards;
- (f) recognising or accrediting any institution in India or outside which is engaged in conformity certification and inspection of any goods, article, process, system or service or of testing laboratories;
- (g) coordination and promotion of activities of any association of manufacturers or consumers or any other body in relation to improvement in the quality or in the implementation of any quality assurance activities in relation to any goods, article, process, system or service; and
- (h) such other functions as may be necessary for promotion, monitoring and management of the quality of goods, articles, processes, systems and services and to protect the interests of consumers and other stake holders.
- (3) The Bureau shall perform its functions under this section through the Governing Council in accordance with the direction and subject to such rules as may be made by the Central Government.
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