25. 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 functions
under this Act, be bound by such directions 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.
(3) The Central Government may take such other action as may be necessary for the promotion,
monitoring and management of quality of goods, articles, processes, systems and services and to protect
the interests of consumers and various other stakeholders and notify any other goods, articles, processes,
systems and services for the purpose of sub-section (1) of section 16.
26. Restriction on use of name of Bureau and Indian Standard.—(1) No person shall, with a view
to deceive or likely to deceive the public, 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 the name which contains the expression “Indian Standard” or any abbreviation
thereof; or
(b) any title of any patent or mark or trade mark or design, in relation to any goods, article,
process, system or service, containing the expressions “Indian Standard” or “Indian Standard
Specification” or any abbreviation of such expressions.
(2) Notwithstanding anything contained in any law for the time being in force, no registering
authority shall—
(a) register any company, firm 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 sub-section (1).
(3) If any question arises before a registering authority whether the use of any name or mark is in
contravention of sub-section (1), the registering authority may refer the question to the Central
Government whose decision thereon shall be final.
14
27. Appointment and powers of certification officers.—(1) The Bureau may appoint as many
certification officers as may be necessary for the purpose of inspection whether any goods, article,
process, system or service in relation to which the Standard Mark has been used conforms to the relevant
standard or whether the Standard Mark has been properly used in relation to any goods, article, process,
system or service with or without licence, and for performing such other functions as may be assigned to
them.
(2) Subject to any rules made under this Act, a certification officer shall have power to—
(a) inspect any operation carried on in connection with any goods, article, process, system or
service in relation to which the Standard Mark has been used; and
(b) take samples of any goods or article or of any material or substance used in any goods, article,
process, system or service, in relation to which the Standard Mark has been used.
(3) Every certification officer shall be furnished by the Bureau with a certificate of appointment as a
certification officer, and the certificate shall, on demand, be produced by the certification officer.
(4) Every certified body or licence holder shall—
(a) provide reasonable facilities to certification officer to enable him to discharge the duties
imposed on him;
(b) inform certification officer or the Bureau of any change in the conditions which were declared
or verified by the certification officer or the Bureau at the time of grant of certificate of conformity or
licence.
(5) Any information obtained by a certification 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 shall apply to the disclosure of any information for the purpose of prosecution
and protection of interest of consumers.
28. Power to search and seizure.—(1) If the certification officer has reason to believe that any
goods or articles, process, system or service in relation to which the contravention of section 11 or
sub-sections (6) or (8) of section 14 or section 15 or section 17 has taken place are secreted in any place,
premises or vehicle, he may enter into and search such place, premises or vehicle for such goods or
articles, process, system or service, as the case may be.
(2) Where, as a result of any search made under sub-section (1), any goods or article, process, system
or service has been found in relation to which contravention of section 11 or sub-sections (6) or (8) of
section 14 or section 15 or section 17 has taken place, the certification officer may seize such goods or
article and other material and documents 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 goods or article or material or document,
the certification officer may serve on the owner an order that he shall not remove, part with, or otherwise
deal with, the goods or article or material or document except with the previous permission of the
certification officer.
(3) The provision 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.
29. Penalty for contravention.—(1) Any person who contravenes the provisions of section 11 or
sub-section (1) of section 26 shall be punishable with fine which may extend to five lakh rupees.
(2) Any person who contravenes the provisions of sub-sections (6) or (8) of section 14 or section 15
shall be punishable with imprisonment for a term which may extend to one year or with fine which shall
not be less than one lakh rupees, but may extend up to five times the value of goods or articles produced
or sold or offered to be sold or affixed or applied with a Standard Mark including Hallmark, or with both:
15
Provided that where the value of goods or articles produced or sold or offered to be sold cannot be
determined, it shall be presumed that one year's production was in such contravention and the annual
turnover in the previous financial year shall be taken as the value of goods or articles for such
contravention.
(3) Any person who contravenes the provisions of section 17 shall be punishable with imprisonment
for a term which may extend up to two years or with fine which shall not be less than two lakh rupees for
the first contravention and not be less than five lakh rupees for the second and subsequent contraventions,
but may extend up to ten times the value of goods or articles produced or sold or offered to be sold or
affixed or applied with a Standard Mark, including Hallmark, or with both:
Provided that where the value of goods or articles produced or sold or offered to be sold cannot be
determined, it shall be presumed that one year's production was in such contravention and the annual
turnover in the previous financial year shall be taken as the value of goods or articles for such
contravention.
(4) The offence under sub-section (3) shall be cognizable.
30. Offences by companies.—Where an offence under this Act has been committed by a company,
every director, manager, secretary or other officer of the company 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, or authorised representative 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, irrespective of
the fact that the offence has been committed with or without 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,
or authorised representative of the company.
Explanation.—For the purposes of this section,—
(a) “company” means a 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.
31. Compensation for non-conforming goods.—Where a holder of licence or certificate of
conformity or his representative has sold any goods, article, process, system or service, which bears a
Standard Mark not conforming to the relevant standard, or with colourable imitation, the certified body or
licence holder or his representative shall be liable to compensate the consumer for the injury caused by
such non-conforming goods, article, process, system or service in such manner as may be prescribed.
32. Cognizance of offence by courts.—(1) 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.
(2) No court shall take cognizance of any offence punishable under this Act save on a complaint
made by—
(a) or under the authority of the Bureau; or
(b) any police officer, not below the rank of deputy superintendent of police or equivalent; or
(c) any authority notified under sub-section (2) of section 16; or
(d) any officer empowered under the authority of the Government; or
(e) any consumer; or
(f) any association.
(3) Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he
is satisfied that any of the offences referred to in sub-section (3) of section 29 has been, is being, or is
likely to be, committed, search and seize without warrant, the goods, die, block, machine, plate, other
instruments or things involved in committing the offence, wherever found, and all the articles so seized
shall, as soon as practicable, be produced before a Magistrate as prescribed under sub-section (1).
16
(4) The court may direct that any property in respect of which the contravention has taken place shall
be forfeited to the Bureau.
(5) The court may direct that any fine, in whole or any part thereof, payable under the provisions of
this Act, shall be payable to the Bureau.
33. Compounding of offence.—(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), any offence committed for the first time, punishable under this Act, not
being an offence punishable with imprisonment only, or with imprisonment and also with fine, may,
either before or after the institution of any prosecution, be compounded by an officer so authorised by the
Director General, in such manner as may be prescribed:
Provided that the sum so specified shall not in any case exceed the maximum amount of the fine
which may be imposed under section 29 for the offence so compounded; and any second or subsequent
offence committed after the expiry of a period of three years from the date on which the offence was
previously compounded shall be deemed to be an offence committed for the first time.
(2) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence,
subject to the direction, control and supervision of the Bureau.
(3) Every application for the compounding of an offence shall be made in such manner as may be
prescribed.
(4) Where any offence is compounded before the institution of any prosecution, no prosecution shall
be instituted in relation to such offence against the offender in relation to whom the offence is so
compounded.
(5) Where the composition of any offence is made after the institution of any prosecution, such
composition shall be brought to the notice of the court in which the prosecution is pending in writing by
the officer referred to in sub-section (1), and on such notice of the composition of the offence being given
and its acceptance by the court, the person against whom the offence is so compounded shall be
discharged.
34. Appeal.—(1) Any person aggrieved by an order made under section 13 or sub-section (4) of
section 14 or section 17 of this Act may prefer an appeal to Director General of the Bureau within such
period as prescribed.
(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:
Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the
appellant satisfies the Director General that he had sufficient cause 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.
(5) The Director General may suo motu or on an application made in the manner prescribed review
the order passed by any officer to whom the power has been delegated by him.
(6) Any person aggrieved by an order made under sub-section (1) or sub-section (5) may prefer an
appeal to the Central Government having administrative control of the Bureau within such period as may
be prescribed.
35. Members, officers and employees of Bureau to be public servants.—All members, officers
and other employees of the Bureau shall be deemed, when acting or purporting to act in pursuance of any
17
of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal
Code (45 of 1860).
36. 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 done or intended to be done in good faith under this Act or the rules
or regulations made thereunder.
37. Authentication of orders and other instruments of 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.
38. Power to make rules.—The Central Government may, by notification in the Official Gazette,
make rules for carrying out the purposes of this Act.
39. Power to make regulations.—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
the rules to carry out the purposes of this Act.
40. 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 regulation should not be 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 be without prejudice to the validity of anything previously done under
that rule or regulation.
41. Act not to affect operation of certain Acts.—Nothing in this Act shall affect the operation 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 control of any goods, article, process, system or service
42. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order, published in the Official Gazette, make such provisions
not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the
commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each
House of Parliament.
43. Repeal and savings.—(1) The Bureau of Indian Standards Act, 1986 (63 of 1986), 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 fine imposed under the Act hereby repealed
shall, insofar 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.