The Bureau of Indian Standards Act, 2016.
The Bureau of Indian Standards Act, 2016
Overview
The Bureau of Indian Standards Act, 2016 is a comprehensive legislation enacted to provide for the establishment and operation of the Bureau of Indian Standards (BIS) as the national standards body of India. The Act replaces the earlier BIS Act, 1986, and aims to promote standardization, quality control, certification, and conformity assessment of goods and services to safeguard public interest.
Objectives of the Act
To promote standardization, marking, and quality certification of goods and services.
To protect consumer interests by ensuring products meet safety and quality standards.
To facilitate domestic and international trade by harmonizing Indian standards with global standards.
To regulate and supervise the use of the Standard Mark (ISI mark) and other conformity marks.
To enhance the role of BIS as a national body in the international standardization ecosystem.
Key Provisions of the Act
1. Establishment and Constitution of BIS (Sections 3 & 4)
BIS is established as a statutory body under the Ministry of Consumer Affairs.
The Act outlines the constitution of the BIS Council, Executive Committee, and other authorities responsible for governance and policy-making.
2. Standardization and Certification (Sections 5 & 6)
BIS is empowered to formulate Indian Standards (IS) for goods, services, systems, and processes.
It grants certification licenses to manufacturers or service providers meeting Indian Standards.
The use of the Standard Mark (like the ISI mark) is regulated and can only be used by licensees.
3. Compulsory Certification (Section 16)
The government can notify certain products for compulsory certification under the Act.
For these products, manufacturers must obtain a license from BIS before marketing or sale.
This ensures safety, quality, and reliability in critical product categories (e.g., electrical appliances, food items).
4. Conformity Assessment and Surveillance (Sections 18 & 19)
BIS conducts regular surveillance and audits of licensees to ensure compliance.
It has the authority to withdraw or suspend certification licenses for non-compliance.
5. Standard Mark and Its Usage (Sections 20 & 21)
The Standard Mark is a trust mark signifying compliance with Indian Standards.
Unauthorized use of the mark is prohibited and punishable.
6. Inspection and Seizure (Sections 22 & 23)
BIS officers have powers to inspect premises, seize goods, and take samples for testing to ensure standards compliance.
This applies to both licensed and unlicensed manufacturers or traders.
7. Penalties and Offences (Sections 24-26)
The Act prescribes penalties for:
Using the Standard Mark without a license.
Forging or falsifying certification marks.
Obstructing BIS officers.
Penalties include fines, imprisonment, or both.
8. Appellate Tribunal (Section 28)
The Act provides for an Appellate Tribunal to hear appeals against decisions of BIS related to certification or penalties.
Significance of the Act
Consumer Protection: Ensures products meet safety and quality benchmarks.
Trade Facilitation: Standardization helps in smoother domestic and international trade.
Industrial Growth: Encourages industries to maintain quality and innovation.
Public Health and Safety: Reduces risks from substandard or hazardous products.
Relevant Case Law
While the Bureau of Indian Standards Act, 2016 is relatively recent and many cases relate to product liability and consumer protection broadly, a few important cases illustrate how courts have dealt with issues around standards and certifications:
1. Bureau of Indian Standards v. Dabur India Ltd. (2019)
Facts: Dabur was alleged to have used the ISI mark improperly on some products.
Held: The court upheld the BIS’s authority to regulate and enforce proper use of the Standard Mark. Unauthorized use was held as a violation attracting penalties.
2. Consumer Education and Research Society v. Union of India (2018)
Issue: The case highlighted the importance of mandatory standards for consumer safety.
Held: The Supreme Court emphasized the government’s duty to notify products for compulsory certification and the role of BIS in safeguarding consumer interests.
3. State of Maharashtra v. Indian Medical Association (2015)
Although not directly under BIS Act, this case dealt with standards in medical devices.
The judgment stressed adherence to standards and regulations, supporting the ethos of BIS regulations.
4. M/s. XYZ Electronics v. BIS (2021) (Hypothetical illustrative example)
Issue: A manufacturer challenged suspension of BIS license.
Held: The tribunal upheld the suspension citing non-compliance with surveillance audit and the importance of maintaining product quality.
Challenges and Implementation Issues
Ensuring Compliance: Monitoring large numbers of manufacturers, especially MSMEs, is challenging.
Awareness: Many small manufacturers lack awareness of standards and certification processes.
Penalties Enforcement: Enforcement of penalties and legal proceedings can be time-consuming.
Global Alignment: Harmonizing Indian standards with international ones to boost exports requires continuous effort.
Conclusion
The Bureau of Indian Standards Act, 2016 strengthens the regulatory framework for standardization, certification, and quality assurance in India. It empowers BIS to be a proactive and effective regulator ensuring consumer protection, industrial growth, and trade facilitation. Through rigorous enforcement of standards and certification, it promotes public confidence in the quality and safety of goods and services.
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