3. Establishment of Bureau and Constitution of Governing Council.—(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.
6
(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.
4. Executive Committee of Bureau.—(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.
5. Advisory Committees of Bureau.—(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.
7
(2) Each Advisory Committee shall consist of a Chairman and such other members as may be
specified by regulations.
6. Vacancies, etc., not to invalidate act or proceedings.—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
7. Director General.—(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.
8. Officers and employees of 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 specified by regulations.
9. Powers and functions of Bureau.—(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;
8
(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.