PREAMBLE

• Places BIS as National Standards Body of India.

• Brings goods, services and systems under the
purview of the Act, in addition to articles and
process.
• Harmonious development of Standardisation,
Conformity Assessment and Quality Assurance.
SHORT TITLE, EXTENT AND COMMENCEMENT

(Section 1)

• This Act is called as BIS Act 2016

• Extends to whole of India
• Enacted by Parliament on 22 March 2016
• Came into force on 12 Oct 2017
 SHORT TITLE, EXTENT AND COMMENCEMENT

(Section 2)

• Definitions
• Articles, goods, services, process and system
• Bureau
• Conformity Assessment
• Hallmark
• Indian Standard Vs Standard
• Person
• Specification
ESTABLISHMENT OF BUREAU AND CONSTITUTION OF GOVERNING COUNCIL

(Section 3)
• Establish a national body, “Bureau”, for the purpose of this
Act to be called as to the Bureau of Indian Standards
• Bureau shall be a corporate body
• The members of Governing Council shall constitute the
Bureau
• General superintendence, direction and management of
Bureau shall vest in Governing Council
• Four ex- officio members in GC
• Other members as prescribed in BIS rules, to be appointed by
the central Government
• GC may delegate its powers and function except section 37
EXECUTIVE COMMITTEE OF BUREAU
(Section 4)
• GC with prior approval of central government
may constitute EC
• DG BIS – ex-officio chairman
• Other members as defined in BIS Rules
• Shall perform exercise and discharge functions as
delegated by GC
 ADVISORY COMMITTEES OF BUREAU.
(Section 5)
• GC may constitute following advisory committee
o Finance Advisory committee
o Conformity assessment Advisory committee
o Standards Advisory committee
o Testing and calibration Advisory committee
o Any other committee as specified in Regulations
VACANCIES, ETC., NOT TO INVALIDATE ACT OR PROCEEDINGS.

(Section 6)
• Any Vacancy or defect in constitution of GC, defect
in appointment of member or irregularity in
processor of GC shall not in valid the proceeding of
GC
 DIRECTOR GENERAL
(Section 7)
• Central Government shall appoint DG BIS
• DG shall be Chief Executive Authority of
the Bureau
• DG shall exercise power as specified in
Regulations
• Terms and conditions of service of DG
shall be as prescribed in BIS Rules
• DG can sub delegate his powers
OFFICERS AND EMPLOYEES OF BUREAU.

(Section 8)
• Bureau to appoint other officers and employees
• Terms and conditions of officers and employees as
specified in Regulations
 POWERS & FUNCTIONS OF BUREAU
(Section 9)
• Establish – Branch Offices
• Recognize marks of International Body or Institution – Prior approval
of Central Government – on reciprocal basis
• Seek recognition of Bureau & Indian Standards outside India
• Search and seizure
• To provide services to manufacturers and consumers
• To provide training on Quality Mgt., Standards, Certification, Lab
• Publish and sell Indian Standards and Publication of International
Bodies
• Authorize agencies in India or outside India for carrying out its work
• Obtain membership in Regional, International and Foreign Bodies
• Testing of Samples
 POWERS & FUNCTIONS OF BUREAU
(Section 9) (Contd…)
• Undertake activities relating Legal Metrology
• Market Surveillance or Survey
• Promotion of Quality among consumers and industry (awareness Prog.)
• Promotion of Safety
• Establish new Indian Standards and revise existing IS
• Promotion of Indian Standards
• Recognizing or accrediting Institutions in India or outside for
certification/lab activities
Above functions shall be performed through Governing Council.
 INDIAN STANDARDS
(Section 10)
• This Section deals with establishment, publishing,
review, promotion of IS
• May adopt other Standards as IS
• Constitution of Technical Committees for
formulation of IS
• Recognize/ accredited Institutions in India or
outside engaged in standardization
• IS shall remain valid until withdrawn
• Copyright of IS and other publications vests with
BIS
PROHIBITION TO PUBLISH, REPRODUCE OF RECORD
WITHOUT AUTHORIZATION BY BUREAU

(Section 11)

• Publishing/reproducing/recording of IS without
authorization of Bureau is prohibited.
• Making copy for personal use is permissible
 CONFORMITY ASSESSMENT SCHEME.

(Section 12)
• Bureau may notify specific/different conformity
assessment schemes.
• May establish standard mark in relation to each
conformity assessment schemes.
GRANT OF LICENCE OR CERTIFICATE OF CONFORMITY.

(Section 13)
• Any person may apply for grant of licence or CoC
• DG is empowered to grant licence or CoC on
payment of fees as determined by Regulation.
• Bureau to specify marking and labelling
requirements.
• Establish, maintain or recognize testing laboratories
for conformity assessment purpose.
 CERTIFICATION OF STANDARD MARK OF JEWELLERS AND SELLERS OF
CERTAIN SPECIFIED GOODS OR ARTICLES.
(Section 14)
• This Section deals with hallmarking of precious metal articles.
• Provision to make hallmark or standard mark mandatory.
• May be sold only through retail outlets certified by Bureau.
• Goods and Articles to be assessed for conformity by Testing and
Marking Centers including A&H Centre recognized by Bureau.
• May grant, renew, suspend or cancel certification of a jeweler.
• Establish, maintain and recognize testing and marking centers
including A&H Centre.
• Prohibition of others to hallmark other than the A & H Centers
recognized by Bureau.
PROHIBITION TO IMPORT, SELL, EXHIBIT, ETC.
(Section 15)
• Prohibition to import, distribute, sell, store any goods
and articles notified to be marked with hallmark
except under certification from Bureau.
CENTRAL GOVERNMENT TO DIRECT COMPULSORY
USE OF STANDARD MARK.
(Section 16)
• The Central Govt. in consultation with BIS may bring any
goods, article under mandatory certification in the public
interest.
• Essential Requirements may also be made mandatory
• The Central Govt. may authorize Bureau or any other
agency for carrying out conformity assessment of goods
and articles under mandatory certification.
PROHIBITION TO MANUFACTURE, SELL ETC.,
CERTAIN GOODS WITHOUT STANDARD MARK.
(Section 17)
• This Section deals with various prohibitions with
regard to the mandatory certification as given in
Section 16.
• No person shall manufacture, import, distribute,
sell, hire, lease or store any goods, articles,
process, system or service which are under
mandatory certification without valid licence
• Empowers BIS to act against misleading Ads w.r.t
BIS certified goods. Section 17(2)
 OBLIGATIONS OF LICENCE HOLDER, SELLER, ETC.
(Section 18)
• Licence holder at all time remain responsible for conformance
and quality as per standard mark.
• Casts responsibility on distributor and retailer in the supply
chain for conformance of goods as per IS.
• Ensure proper labelling and marking of goods as specified by the
Bureau.
• Provide all information and samples as mandated by BIS for
conformity assessment.
• Allow BIS for inspection and collection of samples.
• Stop supply or sale of goods when directed by BIS due to non-
conformance to standards.
OBLIGATIONS OF LICENCE HOLDER, SELLER, ETC.
(Section 18)
• Recall goods that have already been supplied and
which does not conform to IS.
• Repair or replace or reprocess non-conforming goods
already sold to consumer.
• Pay compensation to the consumer.
• Be liable for the injury caused by non-conforming
goods.
 FINANCIAL MANAGEMENT OF BIS

(Section 19)

• This Section deals with the provision for grants and loans
to BIS by the Central Govt.
 FUND OF BUREAU.

(Section 20)

• This Section deals with the BIS Fund and its utilization for
various purposes. ( Grants & Loans, fees collected, fines
received etc)
 BORROWING POWERS OF BUREAU
(Section 21)

• This Section makes provision for BIS to borrow money

from the Central Govt. or any other source for
discharging its functions.
• The Central Govt. may guarantee such borrowings.
 BUDGET
(Section 22)
• The Bureau shall prepare, in such form and at such
time in each financial year as may be prescribed, its
budget for the next financial year, showing the
estimated receipts and expenditure of the Bureau and
forward the same to the Central Govt.
 ANNUAL REPORT
(Section 23)
• 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 Govt.
• The Central Govt. shall cause the annual report to be laid,
as soon as may be after it is received, before each House
of Parliament.
 ACCOUNTS AND AUDIT
(Section 24)
• The Bureau shall maintain proper accounts and other
relevant records and prepare an Annual Statement of
Accounts, in such form as may be prescribed by the
Central Govt. in consultation with the CAG.
• The accounts of the Bureau shall be audited by the CAG.
• The accounts of the Bureau as certified by CAG shall be
forwarded annually to the Central Govt. and that Govt.
shall cause the same to be laid before each House of
Parliament.
POWER OF CENTRAL GOVERNMENT TO ISSUE DIRECTIONS.
(Section 25)
• 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
Govt. 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.
• The decision of the Central Govt. whether a question is
one of policy or not shall be final.
RESTRICTION ON USE OF NAME OF BUREAU AND INDIAN STANDARD

(Section 26)
• This Section prohibits any person to use the name of BIS or any
of its standard mark with a view to deceive.
• No registering authority shall register any company, firm or
other body or register a trade mark or grant patent in violation
of Section 26(i) of the Act with regard to the name of BIS and
various standard mark.
APPOINTMENT AND POWERS OF CERTIFICATION OFFICERS
(Section 27)
• This Section deals with the appointment and powers of
Certification Officer for the purpose of inspection.
• The Certification Officer may inspect any operation or take
samples during the inspection.
• Bureau to issue a certificate of appointment to all certification
officers.
• Every licence holder shall provide reasonable facilities to CO
and will inform of any change in condition declared or verified
earlier.
• Information obtained by CO shall be treated as confidential.
 POWER TO SEARCH AND SEIZURE.
(Section 28)

• The Certification Officer (CO) may search place, premise

etc. and may seize such goods or articles and other
material which in his opinion will be useful for
proceeding under this Act.
 PENALTY FOR CONTRAVENTION.
(Section 29)
• This Section deals with penalty for various contravention
committed under Section 11, Section 14, Section 15, Section 26 and
Section 17.
• Penal provision have been made stringent. From Fine of Rs 50,000/-
or imprisonment of one year to minimum fine of Rs 1 Lakh or
imprisonment of two years. Maximum fine is linked to five times the
value of goods produced.
• Any person who contravenes the provisions of section 17
( Mandatory Certification) 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
 PENALTY FOR CONTRAVENTION.
(Section 29)
• 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.

• The offence under sub-section (3) shall be cognizable.

 OFFENCES BY COMPANIES.
(Section 30)
• 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 authorized
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 authorized representative of the company.
 COMPENSATION FOR NON-CONFORMING GOODS

(Section 31)
• 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 colorable 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.
 COGNIZANCE OF OFFENCE BY COURTS.
(Section 32)
• 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.
• The court may direct that any property in respect of which
the contravention has taken place shall be forfeited to the
bureau
• The court may direct that any fine, in whole or any part
thereof, payable under the provision of this Act shall be
payable to the Bureau
 COMPOUNDING OF OFFENCE.
(Section 33)
• A 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 authorized by the Director General, in such manner
as may be prescribed:
 APPEAL
(Section 34)
• 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 DG of the Bureau within such period as
prescribed.
• The DG may suo motu or on an application made review the
order passed by any officer to whom the power has been
delegated by him.
• Second appeal lies with Central Government
MEMBERS, OFFICERS AND EMPLOYEES OF BUREAU TO BE PUBLIC SERVANTS.

(Section 35)

• 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).
 PROTECTION OF ACTION TAKEN IN GOOD FAITH.
(Section 36)

• 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.
AUTHENTICATION OF ORDERS AND OTHER INSTRUMENTS OF BUREAU

(Section 37)

• 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 authorized by the Bureau in this behalf
 POWER TO MAKE RULES
(Section 38)
• The Central Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this
Act.
 POWER TO MAKE REGULATIONS.
(Section 39)
• The Bureau 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
RULES AND REGULATIONS TO BE LAID BEFORE PARLIAMENT.

(Section 40)

• Every Rule and every Regulation made under this Act shall be
laid, before each House of Parliament, for a total period of 30
days in one, two or more successive sessions before the expiry of
the session.
ACT NOT TO AFFECT OPERATION OF CERTAIN ACTS.
(Section 41)
• Nothing in this Act shall affect the operation of the
Agricultural Produce (Grading and Marking) Act, 1937
or the Drugs and Cosmetics Act, 1940, or any other
law for the time being in force, which deals with any
standardization or quality control of any goods,
article, process, system or service.
 POWER TO REMOVE DIFFICULTIES
Section 42
• 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.
 REPEAL AND SAVINGS (Section 43)
• The Bureau of Indian Standards Act, 1986 (63 of 1986), is hereby
repealed.
• 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,
authorization 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.