uncil constituted under sub-section (3) of
section 3;
(16) “Hallmark” means in relation to precious metal article, the Standard Mark, which indicates
the 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 standard
established 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 and
includes—
(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 Standards
established under the Bureau of Indian Standard Act, 1986 (63 of 1986), which was in force
immediately before the commencement of this Act;
(18) “Indian Standards Institution” means the Indian Standards Institution registered under the
Societies Registration Act, 1860 (21 of 1860);
(19) “jeweller” means a person engaged in the business to get manufactured precious metal article
for sale or to sell precious metal articles;
(20) “licence” means a licence granted under section 13 to use a specified Standard Mark in
relation 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 or
article;
(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 the
Advisory 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 goods
or article or provider of service or any other person who uses or applies his name or trade mark or any
other distinctive mark on to goods or article or while providing a service, for any consideration or
gives goods or article or provides service as prize or gift for commercial purposes including their
representative 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 or
their 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 into
outputs;
5
(30) “recognised testing and marking centre” means a testing and marking centre recognised by
the Bureau under sub-section (5) of section 14;
(31) “recognised testing laboratory” means a testing laboratory recognised by the Bureau under
sub-section (4) of section 13;
(32) “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;
(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 or
service for any consideration or for commercial purposes;
(35) “seller” means a person who is engaged in the sale of any goods, article, process, system or
service;
(36) “service” means the result generated by activities at the interface between an organisation
and 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 as
practicable by reference to its nature, quality, strength, purity, composition, quantity, dimensions,
weight, grade, durability, origin, age, material, mode of manufacture or processing, consistency and
reliability 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 other
precise criteria to be used consistently as rules, guidelines, or definitions of characteristics, to ensure
that goods, articles, processes, systems and services are fit for their purpose;
(40) “Standard Mark” means the mark specified by the Bureau, and includes Hallmark, to
represent conformity of goods, article, process, system or service to a particular Indian Standard or
conformity to a standard, the mark of which has been established, adopted or recognised by the
Bureau and is marked on the article or goods as a Standard Mark or on its covering or label attached
to 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 against
a 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 or
process or system or service for the purpose of indicating, or so as to indicate, a connection in the
course of tra.de of goods, article, process, system or service, as the case may be, 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.