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In India, the Bureau
of Indian Standards Act, 1986 (BIS Act, 1986) is the main Act governing
the preparation and enforcement of standards for goods. It extends to
the whole of India. It has been enacted to provide for the establishment
of a Bureau for the harmonious development of the activities of standardisation,
marking and quality certification of goods and for matters connected therewith
or incidental thereto.
Under this Act, the Bureau
of Indian Standards (BIS), being the National Standards Body of India,
became functional as a statutory body with effect from April 1987, taking
over staff, assets and liabilities of Indian Standards Institution (ISI).
Since then, the Bureau has been actively and successfully engaged in promoting
and nurturing the standardization movement in the country. It has been
formulating need-based Indian Standards in line with the national priorities
as a time bound programme.
The Act defines 'Indian Standard' as the standard (including
any tentative or provisional standard) established and published by the
Bureau, in relation to any article or process indicative of the quality
and specification of such article or process; and any standard established
and published, or recognised, by the Indian Standards Institution and
which is in force immediately before the date of establishment of the
Bureau. While the term 'mark' includes "a device, brand, heading,
label, ticket, pictorial representation, name, signature, word, letter
or numeral or any combination thereof".
Some of the salient features of the BIS Act, 1986 can be
listed as follows:
- As per the Act, the Bureau has been assigned the
following functions:-
- To establish, publish and promote 'Indian Standards'
in relation to any article or process;
- To recognise as an 'Indian Standard' any standard
established by any other Institution in India or elsewhere, in relation
to any article or process;
- To specify the design and other particulars of a
Standard Mark to be called the Bureau of Indian Standards Certification
Mark;
- To grant, renew, suspend or cancel a licence for
the use of the Standard Mark and to levy fees for this purpose;
- To make inspections and take samples of any material
or substance to see whether any article or process in relation to
which the Standard Mark has been used conforms to the Indian Standard
or whether the Standard Mark has been improperly used in relation
to any article or process with or without a licence;
- To establish, maintain and recognise laboratories
for the purposes of standardisation and quality control of articles
and processes;
- To undertake research for the formulation of Indian
Standards in the interests of consumers and manufacturers; etc.
- Any person who desires to use a standard mark in relation
to any article or process is required to obtain a licence. The Bureau
shall, by order, grant, renew, suspend or cancel a licence subject to
fulfillment of specified conditions and on payment of the prescribed
fees.
- The Act prohibits the use of Standard Mark or any colourable
imitation thereof, in relation to any article or process, or in the
title of any patent, or in any trade mark or design, except under a
licence. Even after obtaining a licence, the use of Standard Mark or
any colourable imitation thereof, is not permitted unless that article
or process conforms to the Indian Standard.
- The Act prohibits use of any name which so nearly resembles
the name of the Bureau as to deceive or likely to deceive the public
or which contains the expression "Indian Standard" or any
abbreviation thereof without the previous permission of the Bureau.
Besides this, any mark or trade mark in relation to any article or process
containing the expressions "Indian Standard" or "Indian
Standard Specification" or any abbreviation of such expressions,
is also prohibited.
- The Act prohibits any registering authority to register
any company, firm or other body of persons which bears any name or mark;
or register a trade mark or design which bears any name or mark; or
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 this Act.
- If the Central Government, after consulting the Bureau,
is of the opinion that it is necessary or expedient so to do, in the
public interest, it may, by order published in the Official Gazette,
notify any article or process of any scheduled industry which shall
conform to the Indian Standard; and direct the use of the Standard Mark
under a licence as compulsory on such article or process.
- Any person who contravenes any specified provisions of
the Act shall be punishable with imprisonment for a term which may extend
to one year or with fine which may extend to fifty thousand rupees,
or with both
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