under section 3; (c) "consumer" means a consumer of any article or process; (d) "covering" includes any stopper, cask, bottle, vessel, bo crate, cover, capsule, case, frame, wrapper or other container; (e) "executive committee" means the executive commit constituted under sub-section (1) of section 4; (f) "fund" means the fund constituted under section 18; (g) "indian standard" means the standard (including any tative or provisional standard) established and published by bureau, in relation to any article or process indicative of the quality - and specification of such article or proess and includes— '@ any standard recognised by the bureau under clause (e) of section 10; and (ii) any standard established and published, or recognii by the indian standards institution and which is in force im diately before the date of establishment of the bureau; (h) "indian standards institution" means the indian stand: © institution' set up under the resolution of the government of i in the late department of industries and supplies no istd(4)| dated the 3rd day of september, 1976, and registered under | societies registration act, 1860; '@ "inspecting officer" means an inspecting officer appoint under section 25; (j) "tcence" means a licence granted under section 16 to use indian standards certification mark in relation to any article procéss which conforms to the indian standard and includes neence granted under the indian standards institution '(certification mark act, 1952 and is in force immediately before the date establishment of the bureau; - process; _ @) "mark" includes a device, brand, heading, label, tiel pictorial representation name, sienature, word letter or numeral any combination thereof and also includes any indian standard institution certification mark specified by the indian standar ~  institution; ! bd) (m) "member" means a member of the bureau; ste '(n) "prescribed" means prescribed by rules made under ~> 'act; (0) "process" includes any practice, treatment and _ mode 4 manufacture of any article;(p) "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; 5 (q) "regulations" means regulations made by the bureau under this act; (r) "rules" means rules made by the central government under this act; (s) "specifications" means a description of an article or process no 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 other characteristics to distinguish it from any other article or process; (t) "standard mark" means the bureau of indian standards 15 certification mark specified by the bureau to represent a particular indian standard; (u) "trade mark" means a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connection in the course of trade between the goods and some 20 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; { (v) an article is said to be marked with a standard mark if the article itself is marked with a standard mark or any covering con- 25 taining, or label attached to, such article is so marked,  chapter it tue bureau of inpian standards3 (1) with effect from such date as the central government may, by notification in the official gazette, appoint in this behalf, there shall 3° be established for the purposes of this act, a bureau, to he called the bureau of indian standards standard(2) the bureau shall be 2 body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to 35 the provisions of this act, to acquire hold and divose of property, both movable and immovable, and to contract and shall by the said name sue and be sued : ae ey 3 (3) the bureau 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 a? who shall be ex-officio president of the bureau; - (b) the minister of state or a devuty 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 45 or deputy minister, such person as may be nominated by the cen- "tral government to be the vice-president of the bureau; ~ (c) the secretary to the government of india in charge of tl ministry or department of the central government having admi trative 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 and oth interests, as may be prescribed, to be appointed by the centra government (4) the term of office of the members referred to in clause (e) « sub-section (3) and the manner of filling vacancies among, and the members, shall be such as may be prescribed (5) the bureau may associate with itself, in such manner and for such purposes as may be prescribed, any persons whose assistance 01 advice it may desire in complying with any of the provisions of this a and a person so associated shall have the right to take part in the cussions of the bureau relevant to the purposes for which he has been associated, but shall not have the right to vote  constitution of executive committee4 (1) the bureau may with the prior approval of the central government, by notification in the official gazette, constitute an executi' committee which shall consist of the following members, namely:— (a) director-general of the bureau, who shall be its eax-off chairman; i ) (b) such number of members, as may be prescribed (2) the executive committee constituted under sub-section (1) shall 2 perform exercise and discharge such of the functions, powers and duties of the bureau as may be prescribed or as may be delegated to 1 i by the bureau  5 (1) subject to any regulations made in this behalf, the bureau may, from time to time and as and when it is considered necessary, ' constitute the following advisory committees for the efficient discharge ge its functions, namely: - } (a) financial committee; (6) certification advisory committee; '(c) standards advisory committee; (d) laboratory advisory committee; (e) planning and development advisory committees; (f) such number of other committees as may be determined by regulations (2) each advisory committee shall consist of a chairman and such other members as may be determined by regulations,  (3) without prejudice to the powers contained in sub-section on the bureau may constitute, as and when considered necessary, such iiumber of technical committees of experts for the formulation of standards in respect of articles or processes, 6 no act or proceedings of the bureau, the executive committee vacancies or any committee constituted under section 6 shall be invalid merely 5 by reason of— (a) any vacancy in, or any defect in the constitution of the bureau or the committee; or etc, not to invalidate proceedings of bureau committee, (b) any defect in the appointment of a person acting as a member of the bureau or committee; or 10 (c) any irregularity in the procedure of the bureau or the committee not affecting the merits of the case 7 (1) the central government shall appoint a director-general of the bureau director general (2) the terms and conditions of 'service of the director-general of of the bureau 15 the bureau shall be such as may be prescribed (3) subject to the general superintendence and control of the bureau 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 determined by regulations 8 (1) the bureau may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this act officers and em-- ployees of 25 (2) the terms and conditions of service of officers and employees bureau of the bureau appointed under sub-section (1) shall be such as may be determined by regulations  chapter iii transfer of assets, liabilities, etc, of the indian standards go institution to the bureau9 on and from the date of establishment of the bureau,— transfer (a) any reference to the indian standards institution in any jaw other than this act or in any contract or other instrument shall be deemed as a reference to the bureau; | of           | assets,    ||--------------|------------|| liabilities  |            || and          |            || employees    |            || of           | indian     || standard     |            || institution |            |85 (b) all properties and assets, movable and immovable of, or belonging to, the indian standards institution shall vest in the bureau; (c) all the rights and liabilities of the indian standards institution shall be transferred to, and be the rights and liabilities of, the bureau; (d) without prejudice to the provisions of clause (e), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the indian standards institution immediately before that date, for or' in ¢on-— nection with the purposes of the said instituiotn shall be deemed to have been incurred, entered into, or engaged to be done by, with or for, the bureau; (e) all sums of money due to the indian standards institution § immediately before that date shall be deemed to be due to the - bureau, (f) all suits and other legal proceedings instituted or which could have been instituted by or against the indian standard institution immediately before such commencement may be continued or may be instituted by or against the bureau; and 3 (g) every employee holding any office under the indian stan- - dards institution immediately before that date shall hold his office in the bureau by the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident 1 fund, retirement of other terminal benefits as he would have held such office if the bureau had not been established and shall continue - to do so as an employee of the bureau or until the expiry of a period of six months from that date if such employee opts not to be the employee of the bureau within such period (2) notwithstanding anything contained in the industrial disputes act, 1947 or in any other law for the time being in force, the absorption: of any employee by the bureau in its regular service under this section - shall not entitle such employee to any compensation under that act or - other law and no such claim shall be entertained by any court, tribunal or other authority :  chapter iv " powers and functions of the bureaufunctions of the bureau 10 (1) the bureau may exercise such powers and perform such - duties as may be assigned to it by or under this act and, in particular, such powers include the power to— (a) establish, publish and promote in such manner as may bes  prescribed the indian standard, in relation to any article or process; (b) recognise as an indian standard, in such manner as may be prescribed, any standard established by any other institution in india or elsewhere, in relation to any article or process; f (c) specify a standard mark to be called the bureau of indian j standards certification mark which shall be of such design and y contain, such particulars as may be prescribed to represent a particular indian standard; (d) grant, recognise, suspend or cancel, in such manner a licence   for the use of the standard mark; (e) levy such fees for the grant or renewal of any licence; (f) make such inspection and take such samples of any material: or substance as may be necessary to see whether any article or © © preéess im 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; (g) 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 organization in any country; i (h) establish, maintain and recognise laboratories for the purposes of standardisation and quality control and for such other processes as may be prescribed;  purposes(i) undertake research for the formation of indian standards in the interests of consumers and manufacturers; (j) recognise any institution in india or outside which fs engaged in the standardisation of any article or process, or the improvement of the quality of any article or process; (k) provide services to manufacturers and consumers of articles or processes on such terms and conditions as may be mutually agreed upon; | (l) appoint agents in india or outside india for inspection, testing and such other purposes as may be prescribed; (m) establish branches, offices or agencies in india or ouaside; (n) inspect any article or process, at such times and at such places as may be prescribed in relation to which the standard mark jis used or which is required to conform to the indian standard by this act or under any other law irrespective of whether such article aa or process is in india or is brought or intended to be brought into india from a place outside india; (0) co-ordinate activities of any manufacturer or association of manufacturers or consumers engaged in the improvement of the quality of any article or process or in the implementation of any quality control activities; (p) perform such other functions as may be prescribed (2) the bureau shall perform its functions under this section in accordance with, and subject to, such rules as may be made by the 35 central government 11 (1) no person shall use, in relation to ny article or process, or in the title of any patent, or in any trade mark or design the standard mark er any colourable imitation thereof, except under a licence (2) no person shall, notwithstanding that he has been granted a 9 licence, use in relation to any article or process the standard mark or any colourable imitation thereof unless such article or process conforms to the indian standard1% no person shall, except in such cases and under such cond as may be prescribed, use without the previous permission of probihithon of use of bureau,— ] names, (a) any name which so nearly resembles the name of the bure as to deceive or likely to deceive the public or which contains expression 'indian standard" or any abbreviation thereof; or  (b) any mark or trade mark in relation to any article or p! containing the expressions "indian standard" or "indian standi specification" or any abbreviation of such expressions q 13 (1) notwithstanding anything contained in any law for the ti me! tlon of -being inforce, no registering authority shall— thon in cortain (a) register any company, firm or other body of persons bears any name or mark; or (b) register a trade mark or design which bears any name of mark; or é  (c) grant a patent, in respect of an invention, which bears a title containing any name or mark, q if the use of such name or mark is in contravention of section 11 section 12 (2) if any question arises before a registering authority whether th use of any name or mark is in contravention of section 11 or se -12: the registering authority may refer the question to the central ernment whose decision thereon shall be final 44: if the central government, after consulting the bureau, is of 1e opinion that it is necessary or expedient so to do, in the public interest sory use of -it may, by order published in the official gazette,— (a) notify any article or process, of any scheduled industry w shall conform to the indian standard; and mark for articles and pro- (b) direct the use of the indian standard under a licence as compulsory on such article or process a cesses to certain explanation—for the putposes of this section, the expression "s duled industry" shall have the meaning assigned to it in the indus (development and regulation) act, 1951  chapter v oe licence15 (1) the bureau may, by order, grant, renew, suspend of a licence in such manner as may be determined by regulations po (2) the grant or renewal of the licence under sub-section (1) : be subject to such conditions and on payment of such fees as may, determined by regulations 16 (1) any person aggrieved by an order made under section 15 prefer an appeal to the central government within such period as may ' prescribed es = (2) no appeal shall be admitted if it is-preferred after the of the period prescribed thereof:provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the central government that he had sufficient cause for not preferring the appeal within the prescribed period 5 (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 fcr disposing of an appeal shall be such as may be prescribed: 10 provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard a  chapter vi finance, accounts and audit17 the ceatral government may, after due appropriation made by 15 parliament by law in this behalf, make to the bureau grants and loans | of such sums of money as that government may consider necessary s grants and loans by the central govern ment, fund, 18, (1) there shall be constituted a fund to be called the bureau of indian standards fund and there shall be credited thereto— (a) any grants and loans made to the bureau by the central 20 government under section 17; (6) all fees and charges received by the bureau under this act; (c) all sums received by the bureau from such other sources as may be decided upon by the central government (2) the fund shall be applied for meeting— 25 (a) salary, allowances and other remuneration of the members, director-general and officers and other employees of the bureau; (b) expenses of the bureau in the discharge of its functions under section 10; ° (c) expenses on objects and for purposes authorised by this act go 19 (1) the bureau may, with the consent of the central government or in accordance with the terms of any general or special authority given to it by the centrai government, borrow money from any source ag it may deem fit for discharging all or any of its functions under this act (2) the central government may guarantee in such manner, as it 35 thinks fit, the repayment of the principal and the payment of interest €  there on with respect to the loans borrowed by the bureau under subsection (1)  os budget 20 the bureau shall prepare, in such form and in such time in each financial year as may be prescribed its budget for the next financial 4oyear, showing the estimated receipts and expenditure of the bureau and forward the same to the central government 21, the bureau shall prepare, in such form and at such time in each financial year as may be prescribed its annual report, giving a full account - of its activities during the previous financial year, and submit a copy thereof to the central government 22 (1) the bureau shall maintain proper accounts and other rele vant records and prepare an annual statement of accounts, in such form as may be prescribed by the central government in consultation with the controller and auditor-general of india, (2) the accounts of the bureau shall be audited by the comptroller _ and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the bureau to the comptroller and auditor-general (3) the comptroller and auditor-general of india and any person - appointed by him in connection with the audit of the accounts of the bureau shall have the same rights and privileges and the authority int connection with such audit as the comptroller and auditor-general generally has in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to_ inspect any of the offices of the bureau (4) the accounts of the bureau as certified by the comptroller and 'auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament 2 23 the central government shall cause the annual report, as soon j as may be after it is received, before each house of parliament  hehe chapter vii miscellaneous24, (1) without prejudice to the foregoing provisions of this act, the ; bureau shall, in the exercise of hig 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: | '  nedirection, provided that the bureau shall, as far as practicable, be given opportunity to express its views before any direction is given under this sub-section a (2) the decision of the central government whether a question one of policy or not shall be trial 25 (1) the bureau may appoint as many inspecting officers as mi be necessary for the purpose of inspecting whether any article or pro in relation to which the standard mark has been used conforms to indian standard or whether the standard mark has been properly used in relation to any article or process with or without licence, and for the purpose of performing such other functions as may be assigned to them (2) subject to any rules made under this act, an inspecting officer 5 shall have power to— (a) inspect any operation carried on in connection with any article or process in relation to which the standard mark has been used; and (b) take samples of any article or of any material or substances ~ used in any article or process, in relation to which the standard mark has been used (3) every inspecting officer shall be furnished by the bureau with a certificate of appointment as an inspecting officer and the certificate shall, on demand, be produced by the inspecting officer power to 15 26 (1) if the inspecting officer has reason to believe that any article or process in relation to which the contravention of section 11 or section 12 has taken place are secreted in any place, premises or vehicles, he may enter into and search such place, premises or vehicle for such article or process, t 20 (2) where, as a result of any search made under sub-section (), any article or process has been found in relation to which contravention of section 11 or section 12 has taken place, he may seize such article and other things which, in his opinion, will be useful for, or relevant to any proceeding under this act: a5 provided that where it is not practicable to seize any such article or thing, the inspecting officer may serve on the owner an order that he shall not remove, part with, or otherwise deal with, the article or things except with the previous permission of the inspecting officer (8) the provisions of the code of criminal procedure, 1978, relating go to searches and seizures shall, so far as may be, apply to every search or seizure made under this section 217 the bureau may, by general or special order in writing, delegate delegato any member, member of the executive committee, officer of the bureau or any other person subject to such conditions, if any, as may be specified 35 in the order, such of its powers and functions under this act (except the powers under section 37) as it may deem necessary | power      | to    ||------------|-------|| obtain     | in-   || formation, |       |28, every licensee shall supply the bureau with such information, and with such samples of any material or substance used in relation to any article or process, as the bureau may require ry 29 nothing in this act shall exempt any person from any suit or other proceeding which might, apart from this act, be brought against him certain matterg, 30 any information obtained by an inspecting 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 to be kept confi-as confidential: provided that nothing in this section shall apply to the disclosure of | any information for the purpose of prosecution under this act  members, employees31 all members, officers and other employees of the bureau shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section' 21 of the indian penal code 32 no suit, prosecution or other legal proceedings shall lie against » the government or any officer of the government or any member, officer or employee of the bureau for anything which is in good faith done or _ intended to be done under this act or the rules or regulations mag 19 thereunder , 33 (1) any member who contravenes the provisions of section 11, or a section 12 or section 14 shall be punishable with fine which may extend - to fifty thousand rupees i (2) any court trying a contravention under sub-section (1) may 15 direct that any property in respect of which the contravention has taken place shall be forfeited to this bureau  cogni-offences by courts, 34, (1) no court shall take cognizance of any offence punishable under this act, save on a complaint made by or under the authority of the government or bureau or by any officer empowered in this behalf by the 20 government or the bureau, or the consumer of any article or process , (2) no court inferior to that of a metropolitan magistrate or a judi cial magistrate of the first class specially empowered in this behalf shall try any offence punishable under this act if  offences'by companies 35 (2) where an offence under this act has been committed by a 95 company, every person who at the time the offence was committed was incharge of, and was responsible to, the company for the conduct 'of 'the business 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: o provided that nothing contained in this sub-section shall render any 4 such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence, _ | (2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connit vance of, or is attributable to' any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly a ude | explanation—for the purposes of this section,— (a) "company" means any 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 5 "86 all orders and decision of, and all other instruments issued by, authentthe bureau shall be authenticated by the signature of such officer or ge pe officers as may be authorised by the bureau in this behalf i eee hes truments of the + bureau  + 37 (1) the central government may, by notification in the official b pide boa gazette, make rules for carrying out the purposes of this act wales, 10, (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: - f (a) the number of members of the bureau and the interest such members would represent under clause (e) of sub-section (3) of 5 section 3; t (b) the term of office of the members of the bureau, the manner 7 "for filling vacancies and the procedure to be followed in the discharge of their functions by, the members; |  of (c) the manner of and the purposes for which the bureau may 20 associate with itself in person for assistance and advice under subsection (5) of section 3; \ (d) the number of members of the bureau who will 'be members of the executive committee under clause (b) of sub-section (1) of  section 4; 25° (e) the terms and conditions of service of the director general ' of the bureau; ; ' og, ft (f) the design and the particulars to represent a particular indian standard under clause (c) of sub-section (1) of section 10; (g) the purposes for which laboratories for the purposes of 30, standardisation and quality control shall be established by the bureau; (h) the purposes for which agents may be appointed by the bureau in india or outside india; : (i) the times and places at which any article or process may be 35 inspected under clatise (n) of sub-section (1) of section 10; (j) the additional functions that may be performed by the " bureau under section 10; toh (k) the cases in which, and the conditions subject to which, exemption may be granted under section 12; 4° (1) the form in which, and the time at which, the bureau shall st prepare its budget under section 20 and its annual report under section 21; 3 vet (m) the manner in which the accounts of the bureau shall _ maintained under section 22; r (n) the conditions subject to which inspecting officer may exer cise its powers under sub-section (2) of section 25; q (o) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules, - 38 (1) 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 generally to carry out the purposes of this act 10 (2) in particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: - : (a) the "members of the advisory committees constituted unde?! section 5; q (b) the powers and duties that may be exercised and discharged by the director-general of bureau; (c) the terms and conditions of service of officers and employees of the bureau under sub-section (2) of section 8; (d) the manner of grant, renewal, suspension or cancellation of | licence under sub-section (1) of section 15; (e) the conditions subject to which a licence may be granted or renewed and the fees payable therefor under sub-section (2) of | section 15 39 every rule and every reslation made under this act shall be 9, jaid, as soon as may be after it is made before each house of parliament, while it is in session, for a total nerind of thirty davs 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 suc = cessive sessions aforesaid both houses agree in meking any modification 94 in the rule or regulation or both houses aeree 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; no, however, that any such modification or annulment shall be without pre judice to the validity of anything previously done under that rule of 9 regulation eel 40 nothing in this act shall affect the overation of the agricultural - produce (grading and marking) act, 1937 or the drugs and cosmatics act not to affect operation of certain act, 1940, or any other law, for the time being in force, which deals with + any standardisation or quality control of any article or process 41 (1) if any difficulty rises in giving effect to the provisions of powor to remove difficulthis 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 five vears 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 - 42, (1) the indian standards institution (certification marks) act, 1952, is hereby repealed savingis (2) notwithstanding such repeal, any thing done or any action taken or purported to have done or taken (including any rule, regulations, 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 10 or any document or instrument executed or direction given or any proceedings taken or any pénalty or fine imposed) under the act hereby repea'ed shall, in so far 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 r (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 with regard to the effect of repeal  statement of objects and reasonsthe indian standards institution was registered as a society under the societies registration act, 1860 in january, 1947 to prepare and promote standards the indian standards institution (certification marks) act, 1952 covers the operation of the certification marks scheme, while | the formulation of standards and other related work is not-governed by any legislation e 2 when the indian standards institution was established, the indyss) trial development in the country was still in its infancy during the las 39 years, there has been substantial progress in various sectors of the - indian economy the industrial and agricultural sectors have undergone _ structural and qualitative transformation under the five year plans in this context, a new thrust has to be given to standardisation and quality - control, a national strategy for according appropriate recognition and importance of standards is to be evolved and integrated with the growth 4 and development of production and exports in various sectors of the national economy the public sector and private sectors including small scale industries have to intensify efforts to produce more and more standard and quality goods so as to help in inducing faster growth, in- - creasing exports and making available goods to the satisfaction of the - consumers 3 the standards making organisations for formulating standards ha' : has to be given due recognition and status to enable it to discharge its functions effectively and efficiently in acceptance and promotion of indian standards not only in this country but even abroad apart from representations of the industry, such an organisation should also have adequate representation or users and consumer organisations, _ central and state governments, research organisations and regulatory agencies for all these reasons, it is considered necessary to have the organisation for standards as a statutory institution which will have adequate autonomy and flexibility in its operations and will also ensure that priority is given to various aspects of its functions in line with national priorities 4, to achieve these objectives, it is proposed to set up a bureau o indian standards as a statutory institution 5 the bill provides that the bureau of indian standards will be a body corporate and specifies its composition and the constitution of an executive committee to carry on the day to day activities of the bureau _ the proposed bureau will take over the staff, assets and liabilities of the indian standards institution and perform all functions which are now being performed by indian standards institution the bill will provide access to the bureau's standards and certification marks to suppliers of like products originating in general agreement on trade and tariff (gatt) code countries the bill also makes provision for the making of grants and the advancing of loans to the bureau by the central government and the necessary provisions for the better administration of a body corporate like constitution of fund, accounts and audit etc the bill provides for the repeal of the indian standards institution (certification marks) act, 1952 new dewnt; h k l bhagat, the 14th november, 1986 notes on clausesclause 2 seeks to define certain words and expressions used in bill clause 3 provides for the establishment and incorporation of bureau of indian standards and its constitution and terms and conditig of services of the members clause 4 provides for the constitution of the executive committee | the bureau and the functions, powers and duties to be performed, cised and discharged by the executive committee clause 5 lays down the constitution of advisory committees such as financial committee, certification advisory committee, etc and constitution of technical committees of experts by bureau for efficient dis charge of its functions, clause 6 lays down that any vacancy, defect or irregularity in constitution, appointment, procedure of the bureau or the executive committee or any committee shall not invalidate the proceedings of the bureau or the executive committee y clause 7 provides for the appointment of the director-general of bureau and his powers and duties, y clause 8 provides for the appointment of officers and employees of the bureau and the terms and conditions of theit service, clause 9 provides for the transfer of assets and liabilities of existing indian standards institution to the bureau it further provide: for the transfer of employees of the indian standards institution to bureau clause 10 provides for the functions of the bureau, mainly to est lish, publish and promote indian standards in relation to any article or process seek recognition of the bureau and indian standards outsid india recognised as an indian standard, anv standard established by institution in india or outside india, specified standard marks establish maintained and recognised laboratories, appoint agents in india 'or o side, provide services to manufacturers and consumers consistent y the object of this act, clause 11 prohibits the improper use of standard marks except a licence | | clause 12 prohibits use of certain names which so nearly resemb the name of the bureau | clause 13 prohibits registration of a company, firm, etc which be: the name or mark or register a trade mark or design which bears name or mark if the use of such name or mark is in contravention - clause 11 or clause 12, { clause 14 empowers the central government to notify any article, process or any schedule industry which can be peoattoed only under the licence from the bureau } clause 15 deals wih the grant, renewal, suspension, cancellation of a licence | clause 16 lays down a provision for appeal to the central government against any order under clause 15 and procedure therefor clause 17 provides for making of grants and loans by the central government to the bureau | clause 18 provides for the constitution of the bureau of indian standards fund, it further provides that all the receipts of the bureau should be credited thereto and all its payment should be made therefrom clause 19 empowers the bureau to borrow with the consent of central government money from any source as it may deem fit for discharge of its functions under this bill the clause also lays down that the loans borrowed by the authority may be guaranteed by the central government for its repayment and payment of interest thereon clauses 20, 21 and 23 make the usual provisions regarding preparation of budget, annual reports and laying the annual report before each house of parliament clause 22 deals with the maintenance of proper accounts by the bureau and its audit by the comptroller and auditor general of india clause 24 of the bill empowers the central government to issue directions on question of policy to the rureau ve the discharge of its functions and duties | clause 25 of the bill empowers the bureau to appoint inspecting officers for the purpose of inspection specified therein clause 26 empowers the inspecting officer the entry into and search of a place, premises or vehicle where article or process are secreted in contravention of clause 11 or clause 12 it further empowers inspecting officer to seize such article clause 27 empowers the bureau to delegate to the director general or any other member or any officer of the rureau or any other person such of its powers and functions under this bill, except the -powers under section 37, as it may deem necessary~ clause 28 provides for supply ef information to the bureau by the license, : clause 29 saves the suits or proceedings which might be brought against any person under any other law clause 30 provides that information obtained by inspecting officer or the bureau under the provisions of this act shall be kent confivential except for the purposes of prosecution of any person under this act clause 31 lavs down that all members, members of the executive committee, director general, officers and other employees of the bureau, when acting in pursuance af any provisions of this act shall be deemed public servants, 4 i}clause 32 seeks to give protection to the central government, any officer of the central government or members, members of executive committee, officers or employees of the bureau in respect anything done or intended to be done in good faith in pursuance of this bill or rules and regulations made under this act clause 11, 12 or 14 and forfeiture of the property in respect of which contravention has taken place clause 34 provides for cognizance of offences punishable under t! bill and the courts therefor | be clause 35 fixes criminal liabilities on the directors and the princi officers of the companies and fins, etc, for the offences committed _ such company | | clause 36 confers upon the central government power to make rules which inter-alia include matters of procedure and administrati detail and it is hardly practicable to provide for them in the bill its clause 37 provides that all orders and decisions of the bureau shall be authenticated by the signature of such officer or officers as may be authorised by the bureau in this behalf clause 38 empowers the central government to make rules for car ing out purposes of this act ' clause 39 empowers the bureau to make regulations for the purposes of giving effect to the provisions of this act y clause 40 lays down that every rule and regulation made under this bill shall be laid before such house of parliament q clause 41 saves the operation of agricultural produce (grading and marking) act, 1937 or the drugs or cosmetics act or any other law for _ the time being in force which deals with standards or quality con of any article or process clause 42 seeks to empower the central government to remove any  @ifficulty which may arise in giving effect to the provisions of this bill clause 43 seeks to repeal the indian standard institution (certification mark) act, 1952 and save the action takem or aie to na basen done or taken thereunder financial memorandumclause 3 of the bureau of indian standards bill, 1986 provides for 'the establishment of the bureau of indian standards for harmonious development in the activities of standardisation and quality certification and to perform the functions specified in clause 10, 2 clause 17 of the bill provides for payment of grants and loans to the bureau of indian standards by the central government after due - appropriation made by parliamient by law in this behalf, the grants and loans to the bureau will depend on the future requirements of the bureau in the context of its functions, on the basis of the proposals before the government, the recurring expenditure of the bureau during the year 1987-88 will be around rs 1174 crores and total income from non-governmental sources shall be to the extent of rs 1018 crores to bridge the gap between the income and expenditure, the grants and loans from the government of india under the said clause shall be to the extent of rs, 156 crores during the year 1987-88 the expenditure that may have to be incurred by the central government in future years from the consolidated fund of india on this account cannot be estimated at present | | 3 clause 19(2) of the bill provides for the guarantees 'by the central government on the ¥épayment of the principal and the payment of interest, in respect of the loans borrowed by the bureau under subclause (1) of that clause the ultimate liability arising out of such guarantee cannot be esfimated at this stage 4 the bill, if enacted and brought into operation, will not involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 37 of the bill empowers the central government to make for carrying out tne purposes of the proposed legislaiion the matver v respect to which rules may be made had been aetailed in sub-claus the matters inter alia relate to provide the numper of members bureau and the inierest such members would represent the term office of the members of the bureau, the manner of tilling vacancies the procedure to be followed in discaarge of their functions by the mi bers the terms and conditions of the service of the dire-tor-gener the bureau, the design and the particulars to represent a particular standard, the purposes for which laboratory for the purposes of standar isation and quality control shall be established, the purpose for wi the agents may be appointed by the bureau, the case in which and ditions subject to the exemption may be granted from the provision: the use of certain names, provide for fee for grant of licence and renewal, the period for the form of and the fees for an appeal and cedure therefor but the time for preparation of budget and a reports and the manner of maintenance of accounts clause 38 of the bill empowers the bureau to make regulations inconsistent with the proposed legislation and the rules made theret for enabling the authority to discharge its functions, the matter in tion to which the authority may make regulation have been de in sub-clause (2) the matters inter alia relate to the constitution the advisory committees and the number of the members of such advii committees the terms and conditions of the service of the officers employees of the bureau, to provide for manner of grant, renewal, st pension and cancellation of licences and the conditions for grant renewal of licences and fees therefor it has been provided in cla that every rule and regulation made under this bill shall be laid each house of parliament the matters in respect of which rules and regulations may be n are essentially matters of detail or procedure the delegation of lative power is, therefore, of a normal character