132
Vimala Mahmood Foundation BUREAU OF INDIAN STANDARDS ACT, 1986 63 of 1986 23rd December, 1986 The Indian Standards Institution was registered as a society under the Societies Registration Act; 1860in January, 1947 to prepare and promote standards. The Indian Standards Institution (Certification Marks) Act, 1952covers the operation of the certification marks scheme, while the formulation of standards and other related work is not governed by any legislation. 2. When the Indian Standards Institution was established, the industrial development in the country was still in its infancy. During the last 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 io 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 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, increasing exports and making available goods to the satisfaction of the consumers. 3. The organisations for formulating standards have to be given due recognition and status to enable it to discharge its functions effectively and efficiently in the acceptance and promotion of Indian Standards not only in this country but even abroad. Apart from the representations of the industry, such an organisation should also have adequate representation for users and consumer

vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

Embed Size (px)

Citation preview

Page 1: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

    

Vimala Mahmood Foundation

    

            BUREAU OF INDIAN STANDARDS ACT, 1986

63 of 1986

 23rd December, 1986

The Indian Standards Institution was registered as a society under the Societies Registration Act; 1860in January, 1947 to prepare and promote standards. The Indian Standards Institution (Certification Marks) Act, 1952covers the operation of the certification marks scheme, while the formulation of standards and other related work is not governed by any legislation. 2. When the Indian Standards Institution was established, the industrial development in the country was still in its infancy. During the last 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 io 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 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, increasing exports and making available goods to the satisfaction of the consumers. 3. The organisations for formulating standards have to be given due recognition and status to enable it to discharge its functions effectively and efficiently in the acceptance and promotion of Indian Standards not only in this country but even abroad. Apart from the representations of the industry, such an organisation should also have adequate representation for 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 of Indian Standards as a stautory 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 the Indian Standards Institution. The Bill will provide access to the Bureau's Standards and Certification Marks to suppliers of like products

 

Page 2: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

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 lord the better administration of a body corporate like constitution of fund. accounts and audit, etc. The Bill provides to the repeal of the Indian Standards Institution ( Certification Marks) Act, 1952.- Gaz. Of Ind.. 24.11-1986, Pi. II. S. :. F.xt.. p. 20 (No. 52).An Act to provide for the establishment of a Burean for the harmonious development of the activities of standardisation, marking and quality certification of goods and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Thirty seventh Year of the Republic of India as follows :-  CHAPTER 01: PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT- (1) This Act may be called The Bureau of Indian Standards Act, 1986.(2) It extends to the whole of India.(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.  SECTION 02: DEFINITIONSIn this Act, unless the context otherwise requires,-[a) "article" means (as respects standardisation and marking) any substance, artificial or natural, or partly artificial or partly natural, whether raw or partly or wholly processed or manufactured;(b) "Burcau" means the Bureau of Indian Standards established under section 3;(c) "consumer" means a consumer of any article or process;(d) "covering" includes any stopper, cask, bottle, vessel, box, crate, cover, capsule, case, frame, wrapper or other container;(e) "Executive Committee" means the Executive Committee 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 tentative or provisional standard) established UK) published by the Bureau, in relation to any article or process indicative of the quality and specification of such article or process and includes-(i) any standard recognised by the Bureau under clause (b) of section 10-; and(ii) any standard established and published, or recognised, by the Indian Standards Institution

Page 3: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

and which is in force immediately before the date of establishment of the Bureau;(h) "Indian Standards Institution" means the Indian Standards Institution set up under the Resolution of the. Government of India in the late Department of Industries and Supplies No. I Std. (4),' 45, dated the 3rd day of September, 1946, and registered under the Societies Registration Act, 1860-;(i) "inspecting officer" means an inspecting officer appointed under section 25-;(j) "licence" means a licence granted under section 15-to use the Indian Standards Certification Mark in relation to any article or process which conforms to the Indian Standard and includes any licence granted under the Indian Standards Institution (Certification Marks) Act, 1952and is in force immediately before the date of establishment of the Bureau:(k) "manufacturer" incans the manufacturer of any article or process:(l) "mark" includes a device, brand, heading, label, ticket, pictorial representation, name, signature, word, letter or numeral or any combination thereof;(m) "member" means a member of the Bureau:(n) "prescribed" means prescribed by rules made under this Act:(o) "process" includes any practice, treatment and mode of 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;(q) "regulations" means regulations made by the Bureau under this Act:(r) "rules" means rules made by the Central Government under the Act;(s) "specification" means a description of an article or process 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 of process:(t) "Standard Mark" means the Bureau of Indian Standards Certification Mark specified by the Bureau to represent a particular Indian Standard and also includes any Indian Standards Institution Certification Mark specified by the Indian Standard Institution:(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 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) in article is said lo be marked with a Standard Mark if the article itself is marked with a Standard Mark or any covering containing, or label attached to, such article is so marked.  CHAPTER 02: THE BUREAU OF INDIAN STANDARDS 

Page 4: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

SECTION 03: ESTABLISHMENT AND INCORPORATION OF BUREAU OF INDIAN STANDARDS(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a Bureau, to be called The Bureau of Indian Standards.(2) The Bureau shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.(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 who shall be ex official President of the Bureau:(b) the Minister of State or a Deputy 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 or Deputy Minister, such person as may be nominated by the Central Government to be the Vice-President of the Bureau:(c) the Secretary to the Government of India in charge of the Ministry or Department of the Central Government having administrative control of the Bureau ex officio:(d) the Director-General of ;he Bureau ex officio;(e) such number of other persons, to represent the Government, industry, scientific and research intuitions and other interests, as may be prescribed, to be appointed by the Central Government.(4) The term of office of the members referred to in clause (e) of sub-section (3) and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by, 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 or advice it may desire in complying with any of the provisions of this Act and a person so associated shall have the right to take part in the discussions of the Bureau relevant to the purposes for which he has been associated bat shall not have the right to vote.  SECTION 04: CONSTITUTION OF EXECUTIVE COMMITTEE(1) The Bureau may. with the prior approval of the Central Government, by notification in the Official Gazette, constitute an Executive Committee which shall consist of the following members, namely:-(a) Director-General of the Bureau, who shall be its ex officio Chairman:

Page 5: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(b) such number of members, as may be prescribed.(2) The Executive Committee constituted under sub-section (1) shall perform, exercise and discharge such of the functions powers and duties of the Bureau as may be delegated to it by the Bureau.  SECTION 05: CONSTITUTION OF THE ADVISORY COMMITTEES AND OTHER COMMITTEES(1) Subject to any regulations made in this behalf, the Bureau may, from time lo time and as and when it is considered necessary, constitute the following Advisory Committees for the efficient discharge of its functions, namely :-(a) Financial Committee;(b) 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 (1), the Bureau may constitute, as and when considered necessary, such number of technical committees of experts for the formulation of standards in respect of articles or processes.  SECTION 07: DIRECTOR GENERAL OF THE BUREAU(1) The Central Government shall appoint a Director-General of the Bureau.(2) The terms and conditions of service of the Director-General of 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.  SECTION 08: OFFICERS AND EMPLOYEES OF THE BUREAU(1) The Bureau may appoint such other officers and employees as ill considers necessary for the efficient discharge of its functions under this Act.(2) The terms and conditions of service of officers and employees of the Bureau appointed

Page 6: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

under sub-section (1) shall be such as may be determined by regulations.  CHAPTER 03: TRANSFER OF ASSETS. LIABILITIES, ETC... OF THE INDIAN STANDARDS INSTITUTION TO THE BUREAU SECTION 09: TRANSFER OF ASSETS, LIABILITIES AND EMPLOYEES OF INDIAN STANDARDS INSTITUTION.(1) On and from the date of establishment of the Bureau.-(a) any reference to the Indian Standards Institution in any law other than this Act or in any contract or other instrument shall be deemed as a reference to the Bureau:(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 (c), 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 connection with the purposes of the said Institution 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 Standards Institution immediately before (hat date may be continued or may be instituted by or against the Bureau: and(g) every employee holding any office under the Indian Standards 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 funds, retirement or 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.  

Page 7: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

CHAPTER 04: POWERS AND FUNCTIONS OF THE BUREAU SECTION 10: FUNCTIONS OF THE BUREAU(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, public and promote in such manner as may be prescribed the Indian Standard, in relation to any article or process;(b) recognise as an Indian Standard, in such manner as may be prescrified. any standard established by any other Institution in India or elsewhere, in relation to any article or process:(c) specify a Standard Mark to be called the Bureau of Indian Staildalds Certification Mark which shall be of such design and contain such particulars as may be prescribed to represent a particular Indian Standard;(d) grant, renew, suspend or cancel a licence for the use of the Standard Mark;(e) levy 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 process in relation to which the Standard Mark has been used conforms to be 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,-nay be mutually agreed upon by the Bureau with any corresponding institution or organisation in any county(h) establish, maintain and recognise laboratories for the purposes of standardisation and quality control and for such other purposes as may be prescribed;(i) undertake research for the formulation of Indian Standards in the interests of consumers and manufacturers: ,(j) recognise any institution in India or outside which is 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;(1) appoint agents in India or outside India for the inspection, testing and such other purposes as may be prescribed;(m) inspect branches, offices or agencies in India or outside,(n) inspect any article or process, at such times and at such places as may be prescribed in relation to which the Standard Mark is used or which is required to conform to the Indian Standard by this Act or under any other law irrespective of whether such article or process is in India or is brought or intended to be brought into India from a place outside India;(o) co-ordinate activities of any manufacturer or association of manufacturers or consumers engaged in standardisation and in the improvement of the quality of any article or process or in

Page 8: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

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 lo, such rules as may be made by the Central Government.  SECTION 11: PROHIBITION OF IMPROPER USE OF STANDARD MARK(1) No person shall use, in relation to any article or process, or in the title of any patent, or in any trade mark of design the Standard Mark or any colourable imitation thereof, except under a licence,(2) No person shall, notwithstanding that he has been granted a 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 Standard.  SECTION 12: PROHIBITION OF USE OF CERTAIN NAMES, ETC-No person shall, except in such cases and under such conditions as may be prescribed, 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 which contains the expression "Indian Standard" or any abbreviation thereof, or(b) 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  SECTION 13: PROHIBITION OF REGISTRATION IN CERTAIN CASES(1) 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 section 11-orsection 12-.(2) If any question arises before a registering authority whether the use of any name or mark is in contravention of section 11-orsection 12-, the registering authority may refer the question to the Central Government whose decision thereon shall be final.  SECTION 14: COMPULSORY USE OF STANDARD MARK FOR ARTICLES

Page 9: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

RND PROCCSSES TO CERTAIN SCHEDULED INDUSTRIESIf 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,-(a) notify any article or process of any scheduled industry which shall conform to the Indian Standard; and(b) direct the use of the Standard Mark under a licence as compulsory on such article or process.  CHAPTER 05: LICENCE SECTION 15: GRANT OF LICENCE(1) The Bureau may, by order, grant, renew, suspend or cancel a licence in such manner at may be determined by regulations.(2) The grant or renewal of the licence under sub-section (1) shall be subject to such conditions and on payment of such fees as may be determined by regulations.  SECTION 16: APPEAL(1) Any person aggrieved by an order made under section 15-may prefer an appeal to the Central Government within such period as may be prescribed.(2) No appeal shall be admitted it is preferred after the expiry of the period prescribed thereforeProvided that an appeal may be admitted after the expiry of the period prescribed thereof if the appellant satisfies the Central Government 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 he prescribed.(4) The procedure for disposing of an appeal shall he such as may be prescribed: Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard.  CHAPTER 06: FINANCE ACCOUNTS AND AUDIT SECTION 17: GRANTS AND LOANS BY THE CENTRAL GOVERNMENT- The Central Government may, after due appropriation made by Parliament by law in this behalf make to the Bureau grants and loans of such sums of money as that Government may

Page 10: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

consider necessary. SECTION 18: FUND(1) There shall be constituted 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 Government under section 17-;(b) 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(a) the salary, allowances and other remuneration of the members, Director-General, officers and other employees of the Bureau:(b) expenses of the Bureau in the discharge of its functions under section 10-;(c) expenses on object' and for purposes authorised by this Act.  SECTION 19: BORROWING POWERS OF THE BUREAU(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 Central Government, borrow money from any source as it may deem it for discharging all or any of its functions under this Act.(2) The Central Government may guarantee in such manner is it thinks fit, the repayment of the principal and the payment of interest thereon with respect to the loans borrowed by the Bureau under sub-section (1).  SECTION 20: BUDGETThe Bureau shall prepare, in such form and at such time in each financial year as may be prescribed. Its budget for the next financially  are showing the estimated receipts and expenditure of the Bureau and forward the same to the Central Government.  SECTION 21: ANNUAL REPORTThe 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.  SECTION 22: ACCOUNTS AND AUDIT

Page 11: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(1) 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 Government in consultation with the Comptroller 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 auditor of the accounts of the Bureau shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the auditor 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 such Houses of Parliament.  SECTION 23: ANNUAL REPORT TO BE LAID BEFORE PARLIAMENTThe Central Government shall cause the annual report to be laid, as soon as may be after it is received, before such House of Parliament.  CHAPTER 07: MISCELLANEOUS SECTION 24: 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,  SECTION 25: INSPECTING OFFICER(1) The Bureau may appoint as many inspecting officers as may be necessary for the purpose

Page 12: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

of inspecting 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 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 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.  SECTION 26: POWER TO SEARCH AND SEIZURE(1) If the inspecting officer has reason. to believe that any article or process in relation to which the contravention of section 11-orsection 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.(2) Where, as a result of any search made under sub-section (1), any article or process has been found in relation to which contravention of section 11-orsection 12-has taken please he may seize such article and other things 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 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.(3) The provisions of the Code of Criminal Procedure, 1973-. relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this section.  SECTION 27: DELEGATIONThe Bureau may. by general or special order in writing, delegate to 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 in the order, such of its powers and functions under this Act (except the powers under section 38-) as it may deem necessary  SECTION 28: POWER TO OBTAIN INFORMATION

Page 13: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

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.  SECTION 29: SAVINGSNothing in this Act shall exempt any person from any suit or other proceeding which might, apart from this Act, be brought against him.  SECTION 30: CERTAIN MATTERS TO BE KEPT CONFIDENTIAL- 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 as confidential: Provided that nothing in this section shall apply to the disclosure of any information for the purpose of prosecution under this Act.  SECTION 31: MEMBERS, OFFICERS AND EMPLOYEES OF THE BUREAU TO BE PUBLIC SERVANTSAll 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-  SECTION 32: 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 good faith done or intended to be done under this Act or the rules or regulations made thereunder.  SECTION 33: PENALTY FOR IMPROPER USE OF STANDARD MARK, ETC- (1) Any person who contravenes the provisions of section 11-orsection 12-orsection 14-orsection 15-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.(2) Any Court trying a contravention under sub-section (1) may direct that any property in respect of which the contravention has taken place shall be forfeited to the Bureau. 

Page 14: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

 SECTION 34: COGNIZANCE OF OFFENCES BY COURTS- (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 the Bureau or by any Government or the Bureau, or any consumer or any association recognised in this behalf by the Central or State Government.(2) No Court inferno 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.  SECTION 35: OFFENCES BY COMPANIES(1) Where an offence under this Act has been committed by a company, every pennon 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, 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: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or (hat 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 company and it is proved that the offence has been committed with 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, 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.  SECTION 36: AUTHENTICATION OF ORDERS AND OTHER INSTRUMENTS OF THE BUREAUAll 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.  SECTION 37: POWER TO MAKE RULES(1) The Central Government may, be notification in the Official Gazette, make rules2for carrying out the purposes of this Act.(2) In particular, and without prejudice to the generality of the foregoing power, such rules

Page 15: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

may provide for all or any of the following matters, namely:-(a) the number of members of the Bureau and the interest such members would represent under clause (e) of sub-section (3) of section 3-:(b) the term of office of the members of the Bureau, the manner of filling vacancies and the procedure to be followed in the discharge of their functions by, the members under sub-section (4) of section 3-.(c) the manner in, and the purposes for. which the Bureau may associate with itself any person for assistance and advice under sub-section (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-:(e) the terms and conditions of service of the Director-General of the Bureau under sub-section (2) of section 7-:(f) the design and the particulars to represent a particular Indian Standard under clause (c) of subsection (1) of section 10-:(g) the purposes for which laboratories for the purposes of standardisation and quality control shall be established by the Bureau under clause (h). of sub-section (1) of section 10-:(h) the purposes for which agents may be appointed by the Bureau in India or outside India under clause (1) of sub-section (1) of section 10-;(i) the times and places at which any article or process may be inspected under clause (n) of subsection (1) of section 10-;(j) the additional functions that may be performed by the Bureau under section 10-;(k) the cases in which and the conditions subject to which, exemption may be granted under section 12-;(1) the form in which, and the time at which, the Bureau shall prepare its budget under section 20-and its annual report under section 21-.(m) the manner in which the accounts of the Bureau shall be maintained under section 22-;(n) the conditions subject to which inspecting officer may exercise his powers under sub-section (2) of section 25-;(o) any other matter which is to before may be prescribed or in respect of which provision is to before may be made by rules.  SECTION 38: POWER TO MAKE REGULATIONS(1) The Executive Committee may with the previous approval of the Central Government, by notification in the Official Gazette, make regulations3consistent with this Act and the rules generally to carry out the purposes of this Act.(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:-

Page 16: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(a) the members of the Advisory Committees constituted under section 5-:(b) the powers and duties that may be exercised and discharged by the Director-General of the Bureau under sub-section (4) of section 7-:(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 therefore under sub-section (2) of section 15-;  SECTION 39: 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 success e 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.  SECTION 40: 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-or the Drugs and Cosmetics 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.  SECTION 41: POWER TO REMOVE DIFFICULTIES(1) If any difficulty arises in giving effect to the provisions of this Act, the Centric 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 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.

Page 17: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

  SECTION 42: REPEAL AND SAVING- (1) The Indian Standards Institution (Certification Marks) Act, 1952, 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, 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.(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. BUREAU OF INDIAN STANDARDS (APPOINTMENT TERMS AND CONDITIONS OF SERVICE OF DIRECTOR DIRECTOR-

GENERAL) RULES, 1987G.S.R. 639(E), dated the 2nd July, 1987.1-In exercise of the powers conferred by Cl. (e) of sub-section (2) of Sec. 37of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Central Government hereby makes the following rules relating to the appointment of Director-General of the Bureau and his terms and conditions of service, namely: Comment  CHAPTER 01: PRELIMINARY RULE 01: SHORT TITLE AND COMMENCEMENT- (1) These rules may be called the Bureau of Indian Standards Rules, 1987.(2) They shall come into force on the date11of their publication in the Official Gazette.  RULE 02: DEFINITIONS-In these rules, unless the context otherwise requires,-(a) "Act" means the Bureau of Indian Standards Act, 1986 (63 of 1986);(b) "Advisory Committee" means an Advisory Committee constituted by the Bureau under subsection (1) of Sec. 5-;

Page 18: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(c) "applicant" means a person who has applied to the Bureau for a licence;(d) "committee" means a technical committee constituted by the Bureau under sub-section (3) of Sec. 5-and includes a division council, sectional committee, sub- committee, panel or any other committee;(e) "Director-General" means Director-General of the Bureau;(f) "form" means a form set out in the Appendix hereto;(g) "licence" means a person to whom a licence has been granted under the Act;(h) "President" means the President of the Bureau;(i) "section" means a section of the Act;(j) "Vice-President" means the Vice-President of the Bureau;(k) "year" means the financial year commencing on the first day of April;(l) words and expressions used in the rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.  CHAPTER 02: THE BUREAU AND ITS ACTIVITIES RULE 03: CONSTITUTION OF THE BUREAU-21(1) The Bureau shall consist of the following members, namely(a) the Minister incharge of the Ministry or Department of the Central Government having administrative control of the Bureau who shall be ex-officio President of the Bureau;(b) the Minister of State or a Deputy Minister, if any, in the Ministry or department of the Central Government having administrative control of Bureau who shall be ex-officio Vice-President of the Bureau, and where there is no such Minister of Stale or Deputy Minister, such person as may be nominated by the Central Government to be the Vice- President of the Bureau;(c) the Secretary to the Government of India in charge of the Ministry or Department' of the Central Government having administrative control of the Bureau ex-officio;(d) the Director General ofthe Bureau ex-officio;(e) five members of the Parliament of whom three shall be from the House of the People and two from the Council of States;(f) ten persons representing the Ministries and Department of the Central Governemnt dealing with important subjects of interest to the Bureau;(g) five representative-one each from five zones of State Government and the Union Territories on rotation basis who shall be,-(i) the Minister in charge of the Department having administrative control over quality and standards in the case of States and Union Territories having a Council of Minister; and(ii) the Administrator or the Chief Executive Councillor, as the case may be, in the case of

Page 19: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

Union Territories; not having a Council of Ministers;(h) ten persons either representing recognized Consumer Organisations, which in the opinion of the Central Government are active and effective in their operations, or are in the opinion of that Government capable of representing consumer interests;(i) two persons, in the opinion of the Central Government, who are capable of representing farmers' interests, to be nominated from amongst farmers or farmers associations;(j) twenty four persons representing the industry and trade and their associations, public sector enterprises and small scale sectors to be chosen as follow:-(i) Presidents of right industry associations or federations of all India level including at least two associations or federations of small scale industries;(ii) Chief Executives of eight Central or Slate Public Enterprises related to subjects of 'importance to the bureau;(iii) Chairman or Managing Directors of six industrial organisations other than the public sector;(iv) Chairman or Proprietors of two small scale industrial units operating the Bureau of Indian Standards Certification Scheme;(k) five persons representing the scientific and research institutions related to subject of importance to the Bureau;(l) five persons representing the technical, education and professional organisations to be chosen from amongst representatives of profession! bodies, educational and technical institutions related to subjects of importance to the Bureau."(2) The Bureau may, on the recommendations of the Director-General25[associate persons not exceeding fifteen to assist] or advise in the fields of science and technology including environmental control, energy conservation, import substitution, transfer of technology and other areas of emerging technology.  RULE 04: TERM OF OFFICE OF MEMBERS- (1) Members appointed under Cls. (c) to (m) of sub-rule (1) ofrule 3-shall hold office for a period of two years and shall be eligible for re-appointment.(2) When a member appointed under sub-rule (1) ofrule 3-desires to resign from membership of the Bureau, he shall forward his letter of resignation under his own hand to the Central Government and such resignation shall take effect from the date of its acceptance by the Central Government or on the expiry of a period of one month from the date of its receipt by the Central Government, whichever is earlier.(3) When a vacancy occurs by resignation of a member under sub-rule (2) or otherwise, the Central Government shall take steps to26[fill the vacancy within a period of six months from the date of its occurrence by making an appointment] from amongst the category of persons to

Page 20: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

which the person who vacated the office belonged and the person so appointed shall hold office for the remainder of the term of office of the member in whose place he is appointed.(4) A person shall be disqualified for being appointed as a member or shall be removed from membership by the Central Government if he,-(a) has been convicted and sentenced to imprisonment for an offence, which in the opinion of the Central Government, involves moral turpitude; or(b) is an undischarged insolvent: or(c) is of unsound mind and stands so declared by a competent court; or(d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or(e) has in the opinion of the Central Government such financial or other interest in the Bureau as is likely to affect prejudicially the discharge by him of his functions as a member: Provided that no member shall be removed on the ground that he has become subject of the disqualification mentioned under Cl.(e) of sub-rule (4) or unless he has been given a reasonable opportunity of being heard in the matter.  RULE 05: PROCEEDINGS OF THE BUREAU- (1) The President, or in his absence the Vice- President, shall preside at the meeting of the Bureau. In the absence of both the President and the Vice-President, the members present at the meeting shall elect one from amongst themselves to preside over the meeting.(2) At least two meetings of the Bureau shall be held every year. The President may at his discretion convene more than two meetings in a year if he considers it necessary.(3) A notice of not less than twenty-one days from the date of issue shall ordinarily be given to every member for each meeting of the Bureau. If it is necessary to convene an emergency meeting, a notice of not less than seven days shall be given to every member.(4) Every notice of meeting of the Bureau shall specify the place and the day and hour of the meeting.(5) The President shall cause to be prepared and circulated to the members, at least seven days before the meeting, an agenda for the meeting: Provided that where an emergency meeting is convened, an agenda for such meeting may be circulated to the members at the meeting.(6) Ten members shall form the quorum, provided that if any meeting is adjourned for want of quorum, the adjourned meeting may be called on a date not later than seven days from the date of the original meeting to transact the business regardless of the quorum.(7) Each member including the President shall have one vote. In the case of an equality of votes on any question to be decided by the Bureau, the President or the Vice- President or the members presiding over such meeting shall in addition have a casting vote.

Page 21: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(8) The proceedings of each meeting shall be circulated to each member of the Bureau and these shall be confirmed at the next meeting with or without modifications.  RULE 06: EXECUTIVE COMMITTEE- (1) The Executive Committee shall perform, exercise and discharge such of the functions, powers and duties as may be delegated to it by the Bureau.(2) The Executive Committee shall consist of the Director-General as ex-officio Chairman and 16 members to be appointed by the Bureau, from amongst the members of the Bureau with the prior approval of the Central Government.(3) The members of the Executive Committee appointed under sub-rule (2) shall hold office for a period of two years and shall be eligible for re-appointment. The term of office of the ex-officio Chairman shall be on a tenure basis for a period of three years who shall be eligible for reappointment.(4) When a member appointed under sub-rule (2) desires to resign from membership of the Executive Committee, he shall forward his letter of resignation under his own hand to the Director-General and such resignation shall take effect from the date of its acceptance by the Director-General or on the expiry of a period of one month from the date of its receipt by the Director-General, whichever is earlier.(5) The membership of a member of the Executive Committee shall be terminated when he ceases to be a member of the Bureau. In case of such termination of membership, the Bureau shall take steps to28[fill the vacancy within a period of six months from the date of. its occurrence by making an appointment] from amongst the members of the Bureau and the member so appointed shall hold office for the remainder of the term of office of the member in whose place he is appointed.(6) A meeting of the Executive Committee shall be held at least once in every three months.(7) Each meeting of the Executive Committee shall be called by giving not less than fourteen days from the date of issue, notice in writing to every member: Provided that an emergency meeting may be called by giving not less than three days' notice to every member.(8) Every notice of a meeting of the Executive Committee shall specify the place and the day and hour of the meeting.(9) The ex-officio Chairman of the Executive Committee shall cause to be prepared and circulated to the members, at least seven days before the meeting, an agenda for the meeting: Provided that where an emergency meeting is called an agenda for such meeting may be circulated to the members at the meeting.(10) The quorum for a meeting of the Executive Committee shall be four.(11) The proceedings of each meeting shall be circulated to each member of the Executive Committee and these shall be confirmed at the next meeting with or without modification.

Page 22: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

  RULE 06A: TRAVELLING AND DAILY ALLOWANCES TO BUREAU AND EXECUTIVE COMMITTEE MEMBERS- (1) The members and persons associated with the Bureau and the members of the Executive Committee representing the Central Government, State Government, Union Territories, statutory and autonomous bodies (other than those specially approved by the Executive Committee), public sector undertakings, trade, industry and their associations,30[***], shall not be eligible to draw any travelling or daily allowance from the funds of the Bureau.(2) Travelling and daily allowances to members and persons associated with the Bureau and members of the Executive Committee other than those specified in sub-rule (1), while travelling within the country with prior concurrence of the Director-General, may be admissible from the Bureau for attending meetings of the Bureau and the Executive Committee and discharging any duty as assigned by the Bureau or the Executive Committee.(3) The rates of travelling and daily allowances admissible to the members and persons covered by sub-rule (2) shall be the same as applicable to non-officials attending the meetings of Committees set up by the Central Government.]31(4) If any Member is a Member of Parliament, he shall not be entitled to any allowance other than compensatory allowance, as defined in Cl. (a) of Sec. 2 of the Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959): Provided that such Member shall not be entitled to any allowance except for meetings held during the intersession period. Explanation : Intersession period means the interval between the adjournment of a House of Parliament of which he is a Member and the reassembly of that House.  CHAPTER 03: POWERS AND FUNCTIONS OF THE BUREAU RULE 07: ESTABLISHMENT, PUBLICATION AND PROMOTION OF INDIAN STANDARDS- (1) Establishment-(a) The Bureau shall establish Indian Standards in relation to any article or process and shall amend, revise or cancel the standards so established as may be necessary, by a process of consultation with consumers, manufacturers, technologists, scientists and officials through duly constituted committees as provided hereafter. The procedure employed in establishing the standard shall also be designed such that concerned interests, in addition of the members of the Committees of the Bureau, have the opportunity to communicate their views: Provided that any Indian Standard established by the Indian Standards Institution at any time before the date on which the Act, the Rules and Regulations come into force shall be deemed to have been

Page 23: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

established under the provisions of the Act, the Rules and the Regulations.(b) All standards, their revisions, amendments and cancellations shall be established by notification in the official Gazette.(2) Technical Committees-(a) For the purpose of formulation of Indian Standards in respect of article or processes, technical committees of experts may be constituted. Such committees may include Division Councils, Sectional Committees, Sub-Committees and Panels.(b) Division Councils, Sectional Committees and Sub-committees shall be reconstituted once every three years. The tenure of Panels shall be as decided by the concerned Sectional Committee.(3) Division Councils-(a) Division Councils shall be set up by the Bureau in defined areas of industries and technologies for formulation of standards. These shall include concerned officers of the Bureau and representatives of various interests, such as, consumers, regulatory and other Government bodies, industry, scientists, technologists and testing organisations. These may also include consultants. An officer of the Bureau shall be the Member-Secretary.(b) Major functions of a Division Council would be as follows :(i) to advise on the subject areas to be taken up for formulation of standards in their respective areas keeping in view the national needs and priorities;(ii) to set up Sectional Committees within their areas, define their scopes, appoint their Chairman and members and coordinate their activities;(iii) to approve proposals for work, decide which proposals should be taken up and direct the Sectional Committee(s) concerned to undertake the approved work and to determine the priority to be assigned to the work;(iv) to advise on matters relating to research and development needed for the establishment of standards or their revisions;(v) to study the work of international organisations and their committees in standards formulation as related to the area of work of the Division Council and recommend on the extent and manner of participation in standardisation activities at the international level;(vi) to advise on implementation of established standards;(vii) to receive and deal with activity reports and to make recommendations thereon to the Bureau concerning matters in which the decision of the Bureau is necessary;(viii) to carry out such tasks as may be specifically referred to it by the Bureau/Standards Advisory Committee.(4) Sectional Committees, Sub-committees and Panels -(a) Sectional Committees shall be appointed by Division Councils or if necessary by the Bureau for the preparation of. a particular standard or group of standards. These shall include concerned officers of the Bureau and representatives of various interests, such as, consumers,

Page 24: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

regulatory and other Government bodies, industry, scientists, technologists and testing organisations and may also include consultants, but consumer interests shall, as far as possible, predominate. An officer of the Bureau shall be the Member-Secretary.(b) A Sectional Committee may appoint sub-committees and/or panels.(c) Sectional Committees, sub-committees and panels may co-opt experts to assist them in their work.(5) Terms and Conditions for engaging Consultants- The terms and conditions for engaging consultants in the work of the Division Councils and other technical committees and in the work relating to establishment of standards shall be as decided by the Executive Committee.(6) Procedure for Establishment of Indian Standards-(a) Any Ministry of the Central Government, State Governments, Union Territory Administrations, consumer organisations, industrial units, industry- associations, professional bodies, members of the Bureau and members of its technical committees may submit proposals to the Bureau for establishing a standard or for revising, amending, or cancelling an established standard by making such request in writing.(b) The work of formulation of standards on any specific subject shall be undertaken when the Division Council concerned is satisfied as a result of its own deliberations or on investigation and consultation with concerned interests that the necessity for standardisation has been established.(c) When the subject has been so investigated as in sub-rule (b) and the need established, the Division Council concerned shall assign the task for formulating the standard to an appropriate Technical Committee or shall appoint a new Technical Committee for the purpose.(d) When request for establishing a standard for any specific subject has not been accepted after its due consideration the proposer shall be informed of the decision.(e) A draft standard prepared and duly approved by a Committee shall be issued in draft form and widely circulated for a period of not less than one month amongst the various interests concerned for critical review and suggestions for improvement. The wide circulation may be waived if so decided by the Sectional Committee where the matter is urgent or non-controversial.(f) The appropriate Technical Committee shall thereafter finalise the draft standard giving due consideration to the comments that may be received. The draft standard after it has been approved by the Sectional Committee or its Chairman shall be submitted to the Chairman of the Division Council concerned for adoption on its behalf.(g) All established standards shall be reviewed periodically, at least once in five years, to determine the need for revision or withdrawal. Standards which in the opinion of the Sectional Committee need no revision or amendment shall be reaffirmed by the Sectional Committee.(h) Proposals for revising or amending published standards shall be considered by the Technical Committee concerned. The revision or amendment shall then be dealt with in

Page 25: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

accordance with Cls. (c) and (f) of sub-rule (6) dealing with the establishment of Indian Standards.(i) The Director-General, however, shall have the power to issue amendments of the corrigenda type meant to correct errors and omissions in established Indian Standards, without reference to the concerned Technical Committee or the Division Council and report to the concerned Technical Committee.(j) The Director-General shall also have the power to tentatively modify such of the provisions of an Indian Standard as in his view are necessary for expeditious fulfilment of any of the objectives of the Act: Provided that within six months of such actions, concurrence of the concerned Sectional Committee is duly obtained.(k) Withdrawal of an established Indian Standard shall be decided upon by the Chairman of the respective Division Council on the recommendation of the Sectional Committee concerned.(7) Status o f Indian Standards-(a) The procedure employed in establishing Indian Standards is designed to ensure that all interested parties have an opportunity to put forward their views, that a consensus has been obtained on the contents of the standards and that there is substantial support for the standards.(b) Indian Standards are voluntary and available to the public. Their implementation depends on adoption by concerned parties. However, an Indian Standard becomes binding if it is stipulated in a contract or referred to in a legislation or made mandatory by specific orders of the Government.(8) Publication- The Indian Standards established by the Bureau, their revisions and amendments shall be published and copies thereof, in any form as may be determined by the Bureau, shall be made available for sale.(9) Pricing of Indian Standards and other Publications- The prices of Indian Standards and other publications shall be fixed by the Director-General according to the policy directives of the Executive Committee and may be reviewed periodically.(10) Standards Promotion- The Bureau may promote standardization and adoption of Indian Standards by consumers, commerce, industry. Government and other interests, in such manner as may be considered necessary.(11) Procedure for Establishing of Tentative (Provisional) Indian Standards-(a) A tentative Indian Standard may be prepared when urgently needed but its technical accuracy cannot be established an account of technology being new or not having been proven commercially.(b) The proposal for preparation of a Tentative Indian Standard shall be as per Cl. (a) of sub-rule (6) of rule 7-. The proposal shall be accompanied by a draft of the Tentative Indian Standard.(c) The draft of the Tentative Indian Standard shall be examined by the Sectional Committee concerned for approval and issued as a Tentative Indian Standard without wide circulation,

Page 26: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

after its adoption by Chairman of Division Council concerned on its behalf.(d) The Foreword of the Tentative Indian Standard shall clearly being out the following:(i) Need for preparing the Tentative Indian Standards;(ii) Scope of its application; and(iii) Period of its validity- The Sectional Committee, may decide the period of validity but this shall not exceed two years.Period of validity may be extended by not more than two years on a review by the Sectional Committee.(e) The Tentative Standard shall not be used for Standard Mark.(f) Before the expiry of the validity period, the Tentative Indian Standard shall be considered by the Sectional Committee for establishing it as a regular standard. If the Sectional Committee is not in favour of its establishment as a regular standard, the . Tentative Indian Standard shall lapse after its validity period.(g) Tentative Indian Standard shall be gazetted in accordance with Cl. (b) of sub- rule (1) ofrule 7-.  RULE 08: RECOGNITION OF OTHER STANDARDS AS INDIAN STANDARDS- (1) The Bureau may, in relation to an article or process, recognise any standard established by any other institution in India or outside as an Indian Standard with necessary editorial modification, in accordance with the procedure as provided hereafter. Provided that any standard recognised by the Indian Standards Institution at any lime before the date on which the Act, the Rules and the Regulations come into force shall be deemed to have been recognised under provisions of the Act, the Rules and the Regulations.(2) The proposal for such recognition of the appropriate standard shall be made as laid down in Cl. (a) of sub-rule (6) ofrule 7-.(3) If the Director-General is satisfied that the proposal should be further processed, he shall-(a) refer it to the Chairman of the concerned Sectional Committee for his recommendation regarding the recognition of the other standard as Indian Standard;(b) if the subject-matter of the proposed standard does not fall within the scope of work of any of the existing Sectional Committees, refer it to the Chairman of the Division Council scope of which is close to the subject under consideration for his recommendation regarding its recognition;(c) if the subject-matter of the proposed standard does not fall within the scope of work of any of the existing Sectional Committees, and if there is no Division Council scope of which is closed to the subject under consideration, consult an adhoc experts Committee specially constituted by him for this purpose, for recommendations regarding its recognition.

Page 27: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(4) Standards so recognised as Indian Standards shall be notified in the official Gazelle in accordance with Cl. (b) of sub-rule (1) ofrule 7-.(5) Recognised Indian Standards shall also be made available for sale.]  RULE 09: STANDARD MARK- (1) The Standard Mark in relation to each Indian Standard shall be published by the Bureau in the official Gazette: Provided that the Bureau may amend or rescind any Standard Mark so published.(2) The Standard Mark already established and notified by the Indian Standards Institution shall be deemed to be valid unless amended or rescinded by the Bureau.  RULE 10: ESTABLISHMENT, MAINTENANCE AND RECOGNITION OF LABORATORIES- (1) Laboratories established and maintained by the Bureau shall-(a) carry out testing of samples in relation to the use of the Standard Mark;(b) carry out Research and Development investigations or testing for collecting data for evolving and revising Indian Standards and for quality assessment studies;(c) provide support services to industries, for quality improvement on such terms and conditions to be laid down by the Bureau from time to time;(d) carry out such other functions as may be necessary to fulfil the objectives of the Bureau.(2)(a) The Bureau may recognise any laboratory in India or in any other country for carrying out testing of samples in relation to use of the Standard Mark and such other functions as may be necessary. In case any laboratory after recognition ceased to fulfil any conditions laid down at the time of recognition, it shall be liable to be de-recognised by the Bureau. The guideline for recognition and derecognising of laboratories shall be laid down by the Bureau.(b) Register of Recognised Laboratories.-The Bureau shall cause to maintain a register of such laboratories as are recognised by it for testing samples of articles or processed in relation to the relevant Indian Standards. Comment This rule deals with establishment, maintenance and recognition of laboratories for carrying out testing of samples, research and such other functions as is essential for fulfilment for the objectives of the Bureau.  RULE 11: APPOINTMENT OF AGENTS- (1) Bureau may appoint any person or laboratoryor organisation in India or outside India as their agents to act on their behalf for discharging any one or more of the following functions:

Page 28: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(a) to carry out inspections of manufacturer's premises in India or outside for allowing use of the Standard Mark;(b) to test samples of products for their conformity to Indian Standards;(c) to inspect consignments intended to be covered under the Standard Mark.(2) The terms and conditions of the appointment as agents shall be set out in an agreement between the Bureau and the agent so appointed.37[Provided that the appointment of agents outside India shall be made with the previous approval of the Central Government] Comment This rule authorises the Bureau to appoint agents to act on its behalf for discharging the various functions.  RULE 12: INSPECTION OF ARTICLE OR PROCESS WHEN STANDARD MARK OR CONFORMITY TO INDIA STANDARD IS REQUIRED BY THE ACT OR UNDER ANY OTHER LAW- (1) The Bureau may, in terms of provisions ofSec. 25-, carry out inspections, through its inspecting officers or agents, of articles or processes where Standard Mark or conformity to Indian Standard is required or claimed under this Act or under any other law if authorised under that law.(2) Such inspections may be carried out in India or outside India at place of manufacture before despatch, or at the place of its entry into India, or at place of its sale or use in India.(3) Such inspection may include inspection of quality control system, or verification of records of testing or testing of a sample or any other related matter.(4) The Bureau shall be paid fees for such inspections as may be mutually agreed.  RULE 13: OTHER FUNCTIONS OF THE BUREAU-The Bureau under Cl. (p) of sub-section (1) ofSec. 10-may also-(a) formulate, implement and co-ordinate activities relating to quality, maintenance andimprovement in products and processes;(b) promote harmonious development in standardisation, quality systems and certification, and matter connected therewith both within the country and at international level;(c) private information, documentation and other services to consumers and recognised consumer organisations on such terms and conditions as may be mutually agreed upon;(d) give recognition to quality assurance systems in manufacturing or processing units on such terms and conditions as may be mutually agreed upon;(e) bring out handbooks, guides and other special publications;(f) carry out inspections and testing or testing of an article or process for conformity to any other standard if so authorised on such terms and conditions as may be mutually agreed upon;

Page 29: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(g) perform such other function- as may be conducive to the interests of the Bureau.  RULE 14: EXEMPTION FROM PROHIBITION TO USE CERTAIN NAMES, ETC- (1) The Bureau may exempt any name, mark or trade mark, referred to inSec. 12-from the operation thereof if such name, mark or trade mark has been established by or under any law for the time being in force and application has been made to it by any person under sub-rule (2) within a period of six months from the date of commencement of these rules.(2) Any person claiming an exemption in respect of any name, mark or trade mark under sub-rule (1) may make an application to the Bureau in Form 1.(3) The Bureau shall cause to maintain a register in which shall be entered all names, marks and trade marks exempted by the Bureau under sub-rule (1).  CHAPTER 04: LICENCE RULE 15: LICENCE-The manner of grant, renewal, suspension and cancellation of licence shall be as determined by Regulation.  RULE 16: APPEALS AGAINST DECISIONS OF THE BUREAU- (1) An appeal under Sec. 16-may be preferred by the aggrieved party to the Central Government within ninety days from the date of decision of the Bureau: Provided that an appeal may be admitted after the expiry of the period of ninety days if the appellant satisfies the Central Government that he had sufficient cause for not preferring the appeal within the ninety days period.(2) Every appeal made under sub-rule (1) shall be lodged in duplicate and shall be accompanied by a copy of the order appealed against.(3) Every appeal made under sub-rule (1) shall be accompanied by a fee of rupees five hundred in the form of a Demand Draft drawn in favour of the Bureau.(4) The Central Government may call for relevant papers from the Bureau and may after such inquiry in the matter as it considers necessary and after giving an opportunity to parties to be heard pass such orders as it thinks fit and any such order by the Central Government shall be final.  

Page 30: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

CHAPTER 05: FINANCE, ACCOUNTS AND AUDIT RULE 17: BUDGET- (1) The Bureau shall prepare budget estimates for the next year and the revised estimates for the current year and shall forward it to the Central Govemment each year by 15th October or on such date as may be decided by the Central Government.(2) These estimates shall be prepared separately on revenue and capital accounts.(3) Budget estimates shall contain the following details-(a) budget estimates for the current year;(b) revised estimates for the current year;(c) budget estimates for the next year.  RULE 17A: EXPENDITURE NOT BUDGETTED FOR-The expenditure which is of an emergent and essential in character but provision for the same has not been made in the budget shall be incurred only after the Executive Committee has approved of it.  RULE 17B: APPROPRIATION-The funds provided in the sanctioned budget shall be deemed to be at the disposal of the Director-General who shall have full powers to appropriate sums there from to meet expenditure under different heads of accounts for activities and purposes authorised and provided for in the budget: Provided that funds shall not be appropriated or re-appropriated to meet expenditure which has not been sanctioned by an authority competent to sanction it.  RULE 17C: REAPPROPRIATION-The Director-General shall have powers within the scope of the budgetted activities and purposes in reappropriate sums from one head of account to another: Provided that funds shall not be reappropriated-(i) to meet the expenditure on any new item of work not contemplated in the budget;(ii) to meet the expenditure on any Project involving construction which has not receivedadministrative approval and technical sanction from the competent authorities;(iii) to meet the expenditure on any Project involving construction, in excess of 10 per cent. of the approved estimates;(iv) from the provision made for any specified new item of expenditure in the budget for any other purpose;

Page 31: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(v) from funds provided under Plan heads to the Non-Plan heads of expenditure and from Capital to Revenue and vice versa', and(vi) from or to head of account "Overseas travel" expenditure.  RULE 17D: BANK ACCOUNT- (1) Bank accounts shall be opened in State Bank of India or any of its subsidiaries or any of the nationalised banks and operated in such a manner as may be authorised by the Director-General.(2) All moneys belonging to the Fund shall be deposited promptly into the Bank.  RULE 17E: INVESTMENT-Moneys belonging to the Fund may, with the approval of the Director-General or any other Officer authorised in this behalf, be invested in the form and modes as specified under sub-section (5) of Sec. 11 of the Income-tax Act, 1961 (113 of 1961), for investment of income derived from properly held under trust wholly for charitable or religious purposes.  RULE 17F: CONTRACT- (1) The Bureau may enter into all such contracts as it may consider necessary for giving effect to any of the provisions of the Act.(2) Every contract made under or for any purpose of the Act shall be made on behalf of the Bureau by the Director-General or such other officers as may be authorised by him in this behalf.  RULE 17G: ADMINISTRATION OF PROVIDENT FUND- (1) Contributory Provident Fund and General Provident Fund applicable to the officers and employees of the Bureau shall be administered by a committee of administrators, to be nominated by the Director- General, comprising a Chairman and four other persons out of which at least two of them shall be the representatives of officers and employees.(2) The functions of the committee of administrators shall include management of the provident funds and investment of the same in Government securities and other deposits, in the manner laid down by the Central Government in this regard. It shall also have the power to delegate such of the functions as it may consider necessary to one or more of its members.]  

Page 32: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

RULE 18: ANNUAL REPORT- (1) The Bureau shall prepare its annual report and forward it to the Central Government within nine months of the end of the year for being laid before each House of Parliament.(2) The annual report shall give a full account of the activites of the Bureau during the previous year and shall include the audited accounts of the year and the report of the Comptroller and Auditor-General of India thereon. The Bureau shall forward copies of the annual report to the Central Government and that Government shall cause the same to be laid before each House of Parliament.(3) The annual report shall be prepared in the form given in Form II or as nearer thereto as the circumstances admit.  RULE 19: ACCOUNTS- (1) The Bureau shall maintain accounts of its income and expenditure relating to each year and maintain records in such a manner as to prepare annual statement of accounts consisting of income and expenditure account and the balance sheet.(2) Annual statement of accounts shall be. submitted for audit not later than 30th June each year in the following forms or as nearer thereto as the circumstances admit-(a) income and expenditure account in Form III;(b) Schedules A to M attached to and forming part of the income and expenditure account;(c) balance sheet in Form IV;(d) Schedules N to T attached to and forming part of the balance sheet;(e) annual statement of accounts shall be signed on behalf of the Bureau by the office in-charge of Accounts and the Director-General.  CHAPTER 06: MISCELLANEOUS RULE 20: INSPECTING OFFICERS- (1) The Bureau shall designate such of the officers of the Bureau as Inspecting Officers under subsection (1) of Sec. 25-, as it may consider necessary.(2) Every Inspecting Officer shall be furnished by the Bureau with a certificate of appointment as an Inspecting Officer in Form V. The certificate shall be carried by the Inspecting Officer at all times while he is on duty and shall, on demand, be produced by him.(3) Every applicant for a licence or every licensee shall afford to the Inspecting Officer such reasonable facilities as the Inspecting Officer may require for carrying out the duties imposed on him by or under the Act. 

Page 33: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

 RULE 21: POWERS OF INSPECTING OFFICER-For the purpose of performing the duties imposed on him by or under Sees. 25 and 26 of the Act, an Inspecting Officer may,-(a) at any time during the usual business hours enter upon any premises in which any article or process in respect of which a licence has been granted under rule 16 is manufactured or employed by a licensee with a view to ascertaining that the Standard Mark is being used in accordance with the terms and conditions imposed by the Bureau and that the scheme of routine inspection and testing specified by the Bureau is being correctly followed;(b) inspect and take samples at such premises of any such article or any material used or intended to be used in the manufacture of such article which is marked with a Standard Mark;(c) inspect any process at such premises in respect of which the licensee has been given the authority to use the Standard Mark;(d) examine the records kept by the licensee relating to the use of the Standard Mark;(e) enter into and search such place, premises or conveyance for such article or process contravening provisions of Sec. 11-or Sec. 12 of the Act as provided in Sec. 26-and in accordance with the procedure laid down in the Regulations.(f) where, as a result of search made under (e), any article or process has been found in relation to which contravention of Sec. 11-or Sec. 12 of the Act has taken place, seize such articles and any other things as provided in Sec. 26-and in accordance with the procedure laid down in the Regulations.  APPENDIX 01: FORM 02: (Seerule 18) Format of the Annual Report DIRECTOR-GENERAL'S REPORT FORMULATION OF STANDARDS CERTIFICATION AND QUALITY ASSURANCE LABORATORIES PROMOTIONAL ACTIVITES REGIONAL AND BRANCH OFFICES INTERNATIONAL COOPERATION PLAN PROJECTS PERSONAL MANAGEMENT OTHER RELATED ACTIVITIES FINANCES ANNUAL ACCOUNTS AND AUDITED REPORTS  FORM 03: FORM III(Seerule 18) Income and Expenditure Account for the year Ending_____________________________________________________________________________________________________ Income Schedule Current Year Previous Year 1. Certification

Page 34: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

fees 2. Sale of Standards A 3. Other income B 4. Government Grant ____________________________________________ Total ___________________________________________________ Expenditure 1. Pay and Allowances C 2. Retirement benefits D 3. Other Staff benefits E 4. Travelling Expenses F 5. Subscription to International Organisation G 6. Production H 7. Testing I 8. Publicity J 9. Office Expenses K 10. Repairs & Maintenance L 11. Others M 12. Depreciation_________________________________________________________________ Total_______________________________________________________________________ 13. Excess of Income Over Expenditure (Expenditure over Income)_______________________________________________________________________ Schedule A-Sale of Standards 1. Indian Standards 2. Calculation Aids and Binders 3. Overseas Publications (Commission) Schedule B-Other Income 1. CGHS Contribution 2. Training Fees 3. Interest from House Building Loan 4. Miscellaneous (a) Other Sources (refer Sec. 18 (i) (c) 1-) (b) Others Schedule C-Pay and Allowances 1. Pay Members of the Bureau (other than Director-General) Director-General Officers Staff 2. Allowances Members of the Bureau (other than Director-General) Director-General Officers Staff _______________________________________________ Total ______________________________________________________ Schedule D-Retirement Benefits Contributions to: 1. Provident Fund 2. Pension Fund 3. Gratuity Fund ____________________________________________ Total __________________________________________________ Schedule E-Other Staff Benefits 1. CGHS & other Medical benefits 2. Staff Welfare 3. Leave Travel Concession______________________________________________ Total _________________________________________________ Schedule F-Travelling Expenses 1.Overseas 2. Officers & Staff 3. Committee Members____________________________________________________ Total____________________________________________________ Schedule G-Subscription to International Organisations International Standards Organisation International Electro-technical Commission ________________________________________ Total__________________________________________ Schedule H-Production Standards Bulletin Calculation aids and Binders Other Publications _________________________________________Total __________________________________________________ Schedule I-Testing Testing fees paid to outside Laboratories, Laboratory Apparatus and Stores Market Samples Schedule J-Publicity Exhibition Advertising Miscellaneous Conferences ________________________________ Total______________________________________ Schedule K-Office Expenses Stationery

Page 35: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

Postage Telephone & Telex Recruitment Refreshment and Entertainment Liveries Freight and Cartage Insurance and Bank charges Miscellaneous Rent & Taxes Electricity & Water________________________________________ Total_______________________________________ Schedule L-Repairs and Maintenance Furniture and Equipment Building Vehicles ______________________________________________ Total____________________________________________ Schedule M--Other Expenses Research and Consultation Training Programme Electronic Data Processing Library Subscription and Other Expenses Audit Fees and Legal charges Staff Training Interest on House Building Loan Interest on other loans from- (a) Central Government (b) Other Sources  FORM 05:(Seerule 20) Bureau of Indian Standards Copies of Appointment of Inspecting Officer It is hereby declared that Shri .............................. (name and designation) whose photograph is attached and whose signature appears below has for the assignment hereinafter stated been appointed by the Bureau as an Inspecting Officer for the purposes of the BUREAU OF INDIAN STANDARDS ACT, 1986 as amended from time to time to hold office from this ........................ day of .......................19 Assignment ..................................... Photograph Seal of Bureau Signature of Inspecting Officer. For Bureau of Indian Standards.  SCHEDULE 01: FIRST SCHEDULE,_________________________________________________________________________L S1. Name of Number Scale of Method of Maximum Educational Experience Promotion No. post of posts Pay filling the age limit qualifications for direct eligibility post for direct for direct recruitment________________________________________________________________________________________(1)        (2)        (3)        (4)        (5)        (6)        (7)        (8)        (9)__________________________________________________________________________________________1. Assistant 2200-75- Direct recruitment 21-27 Essential-A Uni- Nil Not applicable Director/ 2800- EB- (a) By competitive years versity Degree in System 100-4000 examination. Engineering or Scientist- A Technology or Post-Graduate Degree in Natural Sciences or equivalent with 60% marks in the aggregate ^ in discipline Specified in the Second Schedule, (b) By selection 30 years Essential-A Uni- 3 years' experi- Not applicable versity degree in En- ence in the field gineering or Tech- of standardisation\ nology or Post-Gra- Quality system/

Page 36: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

duate Degree in Na- Testing/'Production/ tural Sciences or eq- Design/Research. uivalent with 60% marks in aggregate in - discipline specified in the Second Schedule, 2. Deputy Direc- * 3000-100- Promotion/ 35 years Same as given for 10 years' experi- 5 years' experi- ^ tor/System 3500-125- Deputation/ Assistant Director/ ence in the field of ence as Assis- Scientist-B 4500 Direct System Scientist-A Standardization/ lant Director/ recruitment Quality/System System Scien- Testing/Production/ tist-A Design/esearch in the specified tech- nology. Total number of posts under SL No. 1 to 5 is 509. ' 3. Joint Direc- * 3700-125- Promotion/ 40 years Same as given for 15 years' experi- 5 years' experi- tor/ System 4700-150- Deputation/ Assistant Director/ ence in the field of ence as Deputy Scientist-C 5000 Direct Recruit- System Scientist-A Standardisation/Qua- Director/Sys- ment lity Control Test- tem Scientist-B ing/Production/Des- ign/Research in spe- cified technology. 4. Director/Sys- * 4100-125- Promotion/ 45 years Same as given for 20 years' experience 5 years' experi- tern Scienlisl-D 4850-150- Deputation/ Assistant Director/ in the field of Slan- ence as Joint 5300 Direct Recruit- System Scienlist-A dardization/Quality Director/Sys- ment Control/Testing/ tem Scientist-D Production/Design. Research in specified technology. 5. Director * 4500-150- Promotion/ 50 years Same as given for 20 years' experience 5 years' expe- (Selection 5700 Deputaiion/ Assistant Director/ in the field of Stan- rience as Di- Orade)/Sysiem Direct Recruit- System Scienlist-A dardisation/Qualily rector/System Scientist-H ment Control/Testing/ Scientisl-D Production/Design. 6. Deputy 8 5100-150- Promotion/ 50 years Same as given for 25 years' experience Essential: 2 Director 5700 Deputation/ Assistant Director/ in the field of Stan- years' as Direc- General Direct Recruit- System Scientist-A dardisation/Quality tor (Selection ment System/Tcsting/Pro- Grade)/System duction/Design/Re- Scientist-E search, out of which Desirable: Hx- 5 years should be in perience of the senior management concerned field position. of activity. 7. Additional 2 5900-200- Promotion/ 55 years Same as given for 25 years' experience 2 years' as Deputy Director 6700 Deputation/ Assistant Director/ in the field of Stan- Director- General Direct System Scientist-A dardisalion/Quality General. System/Testing/Pro- duction/Design Rese- arch, oat of which 5 years should be in senior management position.________________________________________________________________________________________________________________________ 

BUREAU OF INDIAN STANDARDS (ADVISORY COMMITTEE) REGULATIONS, 1987

G.S.R. 1032(E), dated the 31st December, 1987.1-In exercise of the powers conferred by sub-section (1) ofSec. 38, read with Cl. (a) of sub-section (2) of that section of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Executive Committee of the Bureau of Indian Standards, with the previous approval of the Central Government, hereby makes the following regulations, namely :

Page 37: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

  REGULATION 01: SHORT TITLE AND COMMENCEMENT- (1) These regulations may be called the Bureau of Indian Standards (Advisory Committees) Regulations, 1987.(2) They shall come into force on the date of their publication in the Official Gazette.  REGULATION 2 DEFINITIONS-In these regulations, unless the context otherwise requires,-(a) "Act" means the Bureau of Indian Standards Act, 1986 (63 of 1986);(b) "rules" means the Bureau of Indian Standards Rules, 1987 ;(c) all other words and expressions used in these rules and not defined but defined in the Act or the rules shall have the meanings respectively assigned to them in the Act and the rules.  REGULATION 03: ADVISORY COMMITTEES- (1) The Advisory Committes as specified hereunder which the Bureau may constitute under subsection (1) ofSec. 5-for the efficient discharge of its functions shall have the functions as specified against each:(a) Financial Committee.-It shall advise on policy matters relating to-(i) long-term mobilization of financial resources;(ii) annual budget;(b) Certification of Advisory Committee.-It shall advise on policy matters relating to,-(i) development of certification activities of the Bureau in the country and abroad;(ii) coordination of certification activity with other organisations using Indian Standards;(iii) collaboration with organisations abroad which are dealing with certification;(iv) formulation of guidelines for assessment of quality assurance;(v) other matters regarding certification.(c) Standards Advisory Committee.-It shall advise on policy matters relatingto-(i) harmonious development of standards;(ii) establishment, publication and promotion of Indian Standards;(iii) collaboration with other standards, formulating organisations within the country and abroad;(iv) Bureau's role in the activities of international organisations in relation to standards;(v) formulation of guidelines for the effecting functioning of Division Councils and reviewing their activities ;(vi) other matters regarding standardization;

Page 38: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(d) Laboratory Advisory Committee.-It shall advise on policy matters relating to-(i) establishment, operation and expansion of laboratories ;(ii) testing activities to support research and development programmes of the Bureau;(iii) participation in national and international accreditation system for testing and also for calibration ;(iv) formulation of guidelines for facilitating the Bureau in recognizing any laboratory in India or abroad for the purpose of testing and associated activities in accordance with sub-rule (2) ofrule 10;(v) other related laboratory matters ;(e) Planning and Development Advisory Committee.-It shall advise on policy matters relating to-(i) long-term plans including Five-Year Plan proposals ;(ii) corporate planning of the Bureau;(iii) other matters regarding planning and development.(2) Each Advisory Committee shall consist of a Chairman and such number of other members, to be appointed by the Bureau from amongst its members, as provided hereunder:(a) Financial Committee:(i) a Chairman;(ii) six other members ;(b) Certification Advisory Committee:(i) a Chairman;(ii) sixteen other members ;(c) Standards Advisory Committee:(i) a Chairman;(ii) twenty other members ;(d) Laboratory Advisory Committee:(i) a Chairman;(ii) ten other members ;(e) Planning and Development Advisory Committee:(i) a Chairman;(ii) six other members.(3) The Director-General of the Bureau shall be an ex-officio member of each Advisory Committee.(4) The term of ofFice of the Chairman and the other members of an Advisory Committee shall be two years or till the expiry of the tenure of their membership of the Bureau whichever is earlier, and they shall be eligible for re-appointment.(5) The Chairman or any other member of an Advisory Committee may resign his office by forwarding his letter of resignation under his own hand to the President, and such resignation

Page 39: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

shall take effect from the date of its acceptance by the President or on the expiry of a period of one month from the date of its receipt by the President or on the expiry of the tenure of his membership of the Bureau, whichever is earliest.(6) When a vacancy occurs by resignation or a Chairman or any other member under sub-regulation (5) or otherwise, the Bureau shall take steps to fill that vacancy by making an appointment from amongst the members of the Bureau and the Chairman or the other member, as the case may be, so appointed shall hold office for the remainder of the term of office of the Chairman or other member in whose place he is appointed.(7) A meeting of each Advisory Committee shall be held at least once in2[twelve] months.(8) A notice of not less than seven days, from the date of issue, shall be ordinarily given to the members for each meeting of the Advisory Committee.(9) Every notice of an Advisory Committee meeting shall specify the place and the day and hour of the meeting.(10) The Chairman of an Advisory Committee shall cause to be prepared and circulated to the members an agenda for the meeting not later than three days before the meeting.(11) The minutes of proceedings of each meeting shall be circulated to each member of an Advisory Committee and shall be confirmed at the next meeting with or without modifications, as the case may require.  REGULATION 04: TRAVELLING AND DAILY ALLOWANCES TO THE MEMBERS OF THE ADVISORY AND TECHNICAL COMMITTEES- (1) The members of the Advisory Committees including a Chairman of each such Committee, and other members of the technical committees that may be constituted under sub-section (3) ofSec. 5-, representing the Central Government, State Governments, Union Territories, Statutory and autonomous bodies (other than those specially approved by the Executive Committee), public sector undertakings, trade, industry and their associations, and also the members of Parliament, shall not be eligible to draw any travelling or daily allowance from the funds of the Bureau.(2) Travelling and daily allowances to the members of the Advisory Committees, including Chairman and the members of the committees that may be constituted underSec. 5-, other than those specified in sub-regulation (1), while travelling within the country with prior concurrence of the Director-General, may be admissible from the Bureau tor attending meetings and discharging any duty assigned by the Bureau or the Committee concerned.(3) The rates of travelling and daily allowances admissible to the Chairman and members covered by sub-regulation (2) shall be the same as applicable to non-officials attending the meetings of committees set up by the Central Government. 

Page 40: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

BUREAU OF INDIAN STANDARDS (CERTIFICATION) REGULATIONS, 1988

G.S.R. 10(E), dated the 6th January, 1988.1-In exercise of the powers conferred by Sec. 38of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Executive Committee of the Bureau of Indian Standards, with the previous approval of the Central Government, hereby makes the following regulations, namely :  REGULATION 01: SHORT TITLE AND COMMENCEMENT- (1) These regulations may be called theBureau of Indian Standards (Certification) Regulations, 1988.-(2) They shall come into force on the date2of their publication in the official Gazette.  REGULATION 02: Definitions-In these regulations, unless the context otherwise requires,-(a) "Act" means the Bureau ofIndian Standards Act, 1986-(63 of 1986);(b) "Form" means a form annexed to these regulations;(c) "rules" means the Bureau of Indian Standards Rules, 1987 ;(d) all other words and expressions used in the regulations and not defined but defined in the Act or the rules shall have the meanings respectively assigned to them in the Act and the rules.  REGULATION 03: MANNER OF APPLYING FOR LICENCE- (1) Every application for the grant of a licence shall be made to the Bureau in Form I.(2) Every application for a licence shall be accompanied by a statement furnishing in detail any scheme of inspection and testing, which the applicant maintains or has been in use or proposes to maintain or to put into use and which is designed to regulate, during the course of manufacture or production, the quality of the article or process for which the licence is applied for.(3) Every application shall be signed in the case of an individual, by the applicant or, in the case of a firm, by the proprietor, partner or the managing director of the firm or by any other person authorised to sign any declaration on behalf of the Firm. The name and designation of the person signing the application shall be receded legibly in the space set apart for the purpose in the application form.(4) Every application for a licence shall, on receipt by the Bureau, be numbered in order of priority of the receipt and be acknowledged.(5) The Bureau may call for any supplementary information or documentary evidence from

Page 41: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

any applicant in support of or to substantiate any statement made by him in his application, within such time as may be directed by the Bureau, and non-compliance with such direction may have the effect of the application being summarily rejected by the Bureau.(6) On receipt of an application for a licence and before granting a licence, the Bureau may,-(a) require evidence to be produced article or process in respect of which a licence has been applied for conforms to the related Indian Standard;(b) require evidence to be produced that the applicant has in operation a scheme of routine inspection, and testing, which will adequately ensure that all marked products shall conform to the Indian Standard;(c) require all reasonable facilities to be provided to an Inspecting Officer of the Bureau to inspect the office, workshop, testing laboratories or godowns and any other premises of the applicant and to draw and test sample or samples for the purpose of verifying the evidence produced by the applicant under Cl. (a) or Cl. (b) or both ;(d) for the purpose of Cl. (a), direct the applicant to submit samples to such testing authority as the Bureau may consider appropriate. The expenses for testing shall be borne by the applicant: and(e) on the basis of any report received under Cl. (c) or Cl. (d) or both, the Bureau may, as deemed fit, require the applicant to carry out such alterations in, or addition to, the scheme of testing and inspection or the process of manufacture or production in use by the applicant.  REGULATION 04: GRANT OF LICENCE- (1) If the Bureau, after a preliminary inquiry, is satisfied that the applicant is fit to use the Standard Mark, the Bureau shall grant a licence in Form II authorising the use of the Standard Mark in respect of the article or class of articles manufactured by the applicant or in respect of the process employed in any manufacture or work, subject to such terms and conditions as specified in these regulations. The Bureau shall intimate the applicant about grant of licence.(2) A licence shall be granted in Form II for a period of one year in the first instance. The Bureau may, on an application made by a licensee at least one month before the expiry of the period for which the licence has been granted, renew the same for a like period. Renewal of the licence for subsequent period may also be done by the Bureau in a similar manner: Provided that if the Bureau so decides, depending, among other things, on the licensee's performance, it may renew the licence for a period longer than one year but not exceeding two years at a time.(3) The Bureau may, during the period of validity of the licence, alter by giving one month's notice to a licensee any terms and conditions subject to which the licence has been granted.(4) Where the Bureau, after a preliminary inquiry, is of the opinion that a licence should not be granted, the Bureau shall give a reasonable opportunity to the applicant of being heard, either in person or through a representative authorised by him in this behalf, and may take into

Page 42: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

consideration any fact or explanation urged on behalf of the applicant before rejecting the application.(5) Where a licence to use Standard Mark has been granted, it shall be notified in the official Gazette specifying the particulars of the licence.(6) A licence, unless renewed or its renewal is deferred by the Bureau shall expire at the end of the period for which it is granted.(7) Particulars of all licences issued by the Bureau under these regulations in connection with the use of Standard Mark shall be entered in a register which the Bureau shall maintain.  REGULATION 05: CONDITIONS OF A LICENCE- (1) The Standard Mark shall be applied in such manner as it may be easily visible as a distinct mark on the articles or the covering or on test certificates relating to articles which cannot be labelled or covered. The Standard Mark shall be applied to only such types, grades, classes, varieties, sizes of the article for which the licence has been granted. The licensees shall get the facsimile of the Standard Mark proposed to be used by him, approved from the Bureau.(2) When a Standard Mark has been specified in respect of an article or process, no person other than the licensee in possession of a valid licence shall make any public claim, through any advertisement, sales promotion leaflets, price-lists or the like, that his product conforms to the relevant Indian Standard or carries the Standard Mark.Explanation.-For the purpose of this sub-regulation, a claim as to conformity of one's product to an Indian Standard in reply to a specific query or in a tender addressed to any individual customer shall not be deemed to be a public claim.(3) So long as a Standard Mark is not specified for an article or process, a person may claim that this product or process conforms to the Indian Standard provided that such product of process actually conforms to the Indian Standard.(4)(a) Every licensee shall institute and maintain, to the satisfaction of the Bureau, a system of control to keep up the quality of his production or process by means of a scheme of testing and inspection as indicated in the licence, so as to ensure that the article or process, in respect of which the Standard Mark is being used, comply with the relevant Indian Standard.(b) The licensee shall maintain a complete record of the tests and inspection and such other data as specified in the scheme for testing and inspection, to establish to the satisfaction of the Bureau that the required control of production or process has been and is being satisfactorily maintained. Such records shall, on demand, be made available for inspection to the Inspecting Officer.3(5)(a) Any licence granted by the Bureau may be cancelled by it. if it is satisfied that the—

Page 43: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(i) articles marked with the Standard Mark under a licence do not comply with the related Indian Standard or Standards; or(ii) licensee had used the mark in respect of a process which does not come up to the related Indian Standard or Standards: or(iii) licensee failed to provide reasonable facilities to any Inspecting Officer to enable him to discharge the duties imposed on him; or(iv) licensee has failed to comply with any of the terms and conditions of the licence.(b) A licence may be suspended by the Bureau on request from the licensee, if the operation(s) in his premises can no longer be carried due to:—(i) natural calamities such as flood, fire, earthquake etc.;(ii) a lock out declared by the licensees, management;(iii) closure of operations directed by a competent court or statutory authority.(c) Before the Bureau cancels any licence, it shall give the licensee not less than fourteen days' notice of its intention to cancel the licence.(d) On the receipt of such notice, the licensee may submit an explanation on his behalf to the Bureau within seven days from the receipt of the notice. If an explanation is submitted, the Bureau may consider the explanation and give a hearing to the licensee within fourteen days from the date of receipt of such explanation or before the expiry of the notice whichever is longer.(e) If no explanation is submitted, the Bureau may. on the expiry of period of the notice, cancel the licence.(f) Where a licence has been suspended or cancelled, or the term thereof has not been renewed on the expiry of the period of its validity, the licensee shall discontinue forthwith the use of the Standard Mark notwithstanding the pendency of any appeal before the Central Government under Section 16-of the Act and if there be, with the licensee or his agents. any articles in stock which have been improperly marked, the licensee or his agents as the case may be, shall take necessary steps to get theStandard Mark on such articles either removed, cancelled, defaced or erased."(6) When a licence has been suspended or cancelled, the Bureau shall publish the particulars of the licence so suspended or cancelled in the official Gazette.(7)(a) If, at any time, there is some difficulty in maintaining the conformity of the product to the specification or the testing equipment goes out of order, the marking of the product shall be stopped by the licensee, under intimation to the Bureau. The marking may be resumed as soon as the defects are removed and information regarding such resumption of marking be sent to the Bureau, immediately thereafter.4"(b) If, at any time, the Bureau has sufficient evidence that the product carrying the Standard Mark may not be conforming to the Indian Standard, the licensee shall be directed to Stop

Page 44: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

Marking of such product. Such evidence is not limited to, but may include one or more of the following situations:—(i) non-conformance of products established after factory or independent testing;(ii) non-implementation of the provision(s) of the Scheme of Testing and Inspection;(iii) non-availability of testing personnel and no alternate arrangements made;(iv) significant modifications) in the manufacturing process, plant. machinery etc. without prior evaluation and approval of the Bureau;(v) relocation of plant and machinery;(vi) prolonged closure of factory;(vii) marking non-conforming products;(viii) marking on products other than those included in the licence.The resumption of marking shall be permitted by the Bureau after satisfying itself that the licensee has taken necessary actions and sufficient evidence is available about the conformity of the product to the relevant standard.(c)(i) The Bureau may, after serving a notice of not less than fourteen days, direct the licensee to Stop Marking the product if at any time. the licensee has not paid the fees, inspection or test charges payable by him. The resumption of marking shall be permitted after the dues have been paid in full or in part as agreed by the Bureau.(ii) Where a decision has been taken to defer the renewal of a licence. the licensee shall be directed to Stop Marking his product till such time as decision is taken to renew the licence.".(8) The decision of the Bureau under sub-regulation (4) of theregulation 4-or sub- regulation (5) ofregulation 5- together with the grounds for arriving at such decision shall be communicated, in writing by registered post, to the applicant or the licensee, as the case may be.(9) An inspection, specially made at the request of an applicant or a licensee, shall be chargeable to the account of applicant or the licensee. Charges for such special inspection or inspections shall be such as may be decided by the Bureau.(10) When an Indian Standard is withdrawn and not superseded by any other Indian Standard, any licence issued in respect thereof shall be deemed to have been cancelled from the date of withdrawal of such Indian Standard and any such licence shall be surrendered lo the Bureau by the licensee forthwith. In the case of such cancelled licence, a part of the marking fee, if paid in advance, proportionate to the unexpired period of the licence, may be refunded to the licensee.(11) The following procedure shall apply in the case of inspection in respect of any article or process where for the use of Standard Mark in respect of that article or process has been issued, or an application has been made for a licence:(a) when an Inspecting Officer proposes to inspect the premises of an applicant, he shall,

Page 45: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

preferably, give reasonable notice of the visit to the applicant but for inspection of premises of a licensee, such notice is not necessary ;(b) if during an inspection, an Inspecting Officer wishes to take one or more samples of any article, material or substance, he shall do so in the presence of the licensee or the applicant or a responsible person belonging to the establishment of the licensee or the applicant, as the case may be ;(c) the Inspecting Officer may at his discretion, and shall if the licensee or applicant or the responsible person belonging to the establishment demands it, take duplicate samples and give one sample to the licensee or the applicant or such responsible person;(d) the Inspecting Officer may at his discretion, and shall if the licensee or applicant or the responsible person belonging to the establishment demands it, place each such sample in a covering and jointly seal each sample. In the case of samples drawn by the Inspecting Officer which cannot be so sealed, such samples shall be marked with certain identification to establish their identity ;(e) impression of the seals and details of identification shall be given in the Inspecting Officer's report. The samples shall be labelled giving complete details : and(f) the Inspecting Officer shall give a receipt for sample or samples taken and retain a duplicate copy of the receipt duly signed by the person in whose presence the sample was taken.(12) The Inspecting Officer may take samples of articles marked with the Standard Mark from the godowns or any such premises of any agent of the licensee or from the articles put up for sale in the open market by the licensee or his agent.(13) The Bureau shall arrange at least two inspections a year in respect of each licence.(14) An Inspecting Officer shall make to the Bureau a detailed report of every inspection made by him.5(15) The licensee shall, if so required by the Bureau, use the Bureau's prescribed holograms on the specified products in addition to the Standard Mark. The holograms shall be supplied at the prescribed rates by the Bureau or its authorised representatives in this regard. The copyright of the hologram shall vest in the Bureau and the licensee shall not imitate the same nor use the spurious hologram on the products covered by the licence.  REGULATION 06: FEES- (1) Every application for the grant of a licence shall be accompanied by a fee of five hundred rupees and every application for renewal of a licence shall be accompanied by a fee of three hundred rupees. No such fee or part thereof shall, in any circumstance, be refunded.(2) In addition to the application fee paid by the applicant with his application under sub-regulation (1) there shall be paid by every licensee,-(i) an annual licence fee of rupees five hundred;

Page 46: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(ii) a marking fee at the rate as may be determined by the Bureau and corresponding to total annual production of the article or process covered by the Standard Mark or a minimum fee whichever is higher.(3) The marking fee shall from time to time be determined by the Bureau and shall be published in the official Gazette in the form of a schedule showing the marking fees per unit for each class of product or process.(4) The annual licence fee and the minimum marking fee for the first year shall be paid by the applicant at the time of grant of the licence. Thereafter, at the time of application for renewal of the licence the licence shall pay the annual licence fee, alongwith marking fee due for the period immediately preceding the renewal, so long as the licence remains effective.(5) The licensee shall pay the marking fee in the manner stipulated in the Second Schedule to Form II.  REGULATION 07: MANNER, CONDITION AND FEES FOR GRANT AND RENEWAL OF LICENCE FOR MANAGEMENT SYSTEMS.6Other Services Associated to Certification (1) Management SystemsA. Application for Licence.—(a) Every application for the grant of licence for Management Systems certification shall be made to the Bureau in the Form specified by the Bureau, which shall be signed by the proprietor, partner or the Managing Director of the applicant firm or by any person authorized to sign declaration on behalf of the firm. The name and designation of the person signing the application shall be recorded legibly in the space set apart for the purpose in the application form;(b) Every application for certification shall be accompanied by supplementary questionnaire duly filled in the Form specified by the Bureau. The application shall also be accompanied by a Manual and Plan as prepared by the applicant firm and the policy declared by the applicant firm for the system for which certification is sought;(c) The application form along with fee decided by the Bureau and other necessary documents submitted by the applicant shall be acknowledged and numbered by the Bureau in the order of priority according to the date of the receipt. The fee shall be non-refundable;(d) After acknowledgement, the application shall be verified by the Bureau, and if it is in order, the applicant shall be informed of the intention of the Bureau to proceed with the application:(e) If required, the Bureau shall provide to the applicant the information about the scheme and also obtain such further information from him, if necessary;(f) An application may be rejected if the applicant does not comply with one or more of the following requirements—

Page 47: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(i) application fee not accompanying the application;(ii) application form is incomplete;(iii) annexures to the application are not clear.In addition, the Bureau may call for any supplementary information or documentary evidence from any applicant in support of or to substantiate any statement made by him in his application, within such time as may be directed by the Bureau;(g) The reason for rejection of the application shall be communicated to the applicant by the Bureau;(h) The application for a licence by a firm which has been convicted underSection 33 of the Bureau of Indian Standards Act, 1986-shall not be entertained for a minimum period of six months from the date of such conviction. The extent of the period of disqualification shall be determined by the Bureau having regard to the facts and circumstances of each case and it shall not exceed a maximum period of one year.B. Assessment Procedure.—(a) If the application is in order, then the Bureau shall proceed as per clauses (b) to (f);(b) The Bureau may, if necessary, arrange a visit to the premises of the applicant to acquaint itself about size, nature of operation and readiness for the assessment and the type of expertise required by the assessment team;(c) The applicant is required to have a documented management system. which conforms to the relevant Indian Standard(s) on management systems. Before an assessment visit is made, a detailed appraisal of the applicant firm's management system documentation for conformance with the relevant Indian Standard on the management systems shall be undertaken by the Bureau. The applicant shall then be notified about any significant omissions or deviations from the requirements to make suitable amendments prior to the assessment visit;(d) The applicant shall ensure that—(i) all documentation relating to the management system(s) for which the licence is sought, including the Manual and Plan or its equivalent is made available to the Bureau;(ii) all relevant records relating to implementation of the management system(s) are made available to the Bureau;(iii) the assessment team is permitted and assisted to undertake assessment of the management system; and(iv) responsibility to the Bureau for the management system(s) is clearly defined by appointing a designated person to ensure that the required management system procedures are observed.(e) The assessment team shall comprise lead auditor and one or more auditors as deemed necessary. The assessment team may also include technical expert(s) or experienced assessors in the concerned technology area as member:(f) The assessment shall involve an in-depth appraisal of the applicant firm's procedures for the conformance to the requirements decided by the Bureau. The applicant shall be required to

Page 48: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

demonstrate the practical application of the documented procedures. The assessment team shall identify the non-conformance and bring them to the notice of the applicant for rectification;(g) Date(s) and time of the assessment visit shall be decided on mutual agreement between the parties (assessment team and the applicant).C. Assessment fees.—(a) Assessment fee depends upon the nature of the activities of the firm. The fee determined shall be intimated to the applicant prior to the visit:(b) All assessment and reassessment fee determined by the Bureau and cost of travel and stay shall be paid by the applicant firm prior to the visit;(c) If the application, is in respect of more than one area of technology or for more than one standard, the assessment visit normally covers all aspects.D. Factors for the grant of licence.—(a) The assessment team after the assessment shall analyse the capability of the applicant to operate the Management Systems Certification Scheme;(b) The assessment team shall prepare a report against each of the items or clauses given in the relevant Indian Standard(s) on Management Systems against which the assessment has been carried out. The applicant shall be notified in writing the non-conformities, if any, observed during the assessment;(c) The applicant shall produce evidence that corrective actions have been taken to meet all the relevant requirements within the time limits specified by the Bureau. The Bureau may undertake a full or partial reassessment or accept written declaration that corrective action has been taken, to be confirmed by the Bureau during a surveillance visit:(d) When the Bureau is satisfied with the recommendations of the assessment team for grant of licence, the same shall be granted, as per Form III. While making the recommendations, the team shall take into account the assessment made under sub-clauses (a) to (c) of Item D and also the requisite skill, equipment, systems resources, previous performance and antecedents relevant to the issuance of the licence:(e) If the applicant is not able to produce evidence that corrective actions have been taken to meet all the relevant requirements within the time limits specified by the Bureau, the Bureau may refuse to grant the licence. However, before refusing to grant the licence, the Bureau shall give a reasonable opportunity to the applicant of being heard either in person or through a representative authorized by him in this behalf and may take into consideration any fact or explanation urged on behalf of the applicant before refusing to grant the licence.E. Undertaking.—Prior to grant of licence, the applicant shall sign an undertaking to the effect that he will make no claim direct or implied that the licence to be granted relates to any products, processes or systems other than those that will be set out in the licence and the Schedule.

Page 49: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

F. Grant of licence.—(a) The licence shall be granted for a period of three years in the first instance. The Bureau shall inform the applicant about the grant of licence;(b) The Bureau shall provide a certificate for grant of licence in Form III which shall be used by the licensee subject to the provision of Item L of sub-regulation (1) of Regulation 7. Additional copies ofcertificate may be provided on payment as determined by the Bureau from time to time;(c) The licence shall be returned to the Bureau in the event of its being surrendered, not renewed, suspended or cancelled;(d) The Bureau shall register the licensee as having a management system in accordance with the scheme's assessment requirements for the products or processes involved in manufacturing the product or providing a service;(e) The Bureau shall authorise the licensee to use, subject to the provisions of Item K, the Standard Mark as decided by the Bureau.G. Licence fee.—(a) The licence fee shall be determined by the Bureau from time to time;(b) The licence fee shall be paid by the applicant at the time of grant and renewal of licence. No such fee or part thereof shall be refunded.H. Renewal of licence.—The licence may be renewed for a period of three years. The renewal will be done by reassessing the capabilities of the licensee, the fee of which shall be borne by the licensee. The licence shall expire after the period for which it is granted, if not renewed.I. Surveillance and regular review.—(a) The grant of licence shall be followed by surveillance visits. The frequency and extent of visits shall be determined by the Bureau;(b) The surveillance visits may be planned in consultation with the licensee to ensure that the management systems and procedures already assessed are being maintained;(c) Special assessment visit shall be necessary where a licensee fails to observe the conditions of the licence or where there have been significant changes in the organization of the licensee. The licensee shall be liable for the costs of all such visits.J. Changes in the management system.—(a) The licensee shall inform the Bureau promptly about any intended changes in the management system or other changes which may affect conformance to the requirements decided by the Bureau;(b) The licensee shall accept the decision of the Bureau as to whether the intended changes require reassessment or further investigation.K. Use of Bureau's Standard Mark.—The licensee may use the standard mark only as authorized by the Bureau.L. Publicity.—

Page 50: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(a) The Bureau shall maintain a list of licensees and make it available for public information;(b) The list shall be updated periodically;(c) The Bureau may bring out publications containing information regarding licensees;(d) The licensee shall inform potential customers, purchasers or purchasing authorities, of the full and exact details of the licence;(e) The licensee shall display the licence in his premises;(f) The licensee shall make use of the Bureau's Standard Mark as authorized;(g) The licensee shall state in documentation brochures or through advertising media that the organization or location to which the licence applies have been assessed and approved by the Bureau. In such advertisement the Indian Standard(s) on Management System(s) for which a licence has been granted is/are to be stated and any other level(s) of approval than granted is not to be implied;(h) A licensee who has been granted a licence for management system certification shall not claim or imply that the product manufactured by him has been certified or approved by the Bureau unless he is holding a valid licence for that product under the recognized product certification scheme of the Bureau.M. Obligations of the licensee.—A licensee on grant of certification lor management systems shall,—(a) at all times comply with the requirements of the licence as set out therein and comply with these regulations or any amendments thereto:(b) only claim that he is holding a licence in respect of the capability which is the subject of the licence and which relates to the products, processes or systems in accordance with the licence requirements;(c) not use the licence in any manner to which the Bureau may object and shall not make any statement concerning the authority of the licensee's use of the licence which in the opinion of the BIS may be misleading;(d) submit to the Bureau for approval the form in which he proposes to use his licence or proposes to make references to the licence;(e) upon expiry of its period of validity, suspension or termination of the licence, however determined, discontinue its use forthwith and withdraw all promotional and advertising matter which contains any reference thereto;(f) not make any change in the Management System which forms the basis for the grant or renewal of the licence and which prevents his compliance with the Scheme without prior approval of the Bureau;(g) submit to the Bureau any amendments to the approved documented system;(h) document all changes made to the Management System and make records of such changes available to Bureau's designated officers on request. A change in key personnel in relation to management of the licenced systems and technological functions or senior management shall

Page 51: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

be notified to the Bureau by the licensee:(i) permit access to a team appointed by the Bureau for purposes of assessment, audit or surveillance. The licensee shall give full details of all actions taken in response to field problems arising from allegations of defects in products, processes or systems covered in the licence and allow Bureau's officers access to all relevant records and documents for the purpose of verifying such details;(j) be required to produce evidence of continuing operations for the products, processes or systems covered by the licence. Licensee shall notify the Bureau in writing of discontinuance in such operations exceeding three months. Discontinuance of a licence in excess of six months or more may lead to cancellation of licence. In such cases, a fresh application shall be submitted to the Bureau and an assessment visit will be necessary prior to grant of a new licence;(k) pay all financial dues to the Bureau, in the manner specified by it, even for the period of discontinuance or suspension of licence.N. Surrender of licence.—A licence may be surrendered by the licensee at any time in writing to the Bureau. In the case of surrender, the licensee shall return the licence with all the related documents to the Bureau.O. Powers of the Bureau.—The Bureau may at its discretion under the provisions of Section 15-of the Act.—(a) Refuse to grant or renew a licence or extend its scope or cancel or alter so as to reduce the scope of the licence provided that the refusal for grant, renewal, cancellation or alteration is a recommendation of the assessment team to which a decision by the Director General of the Bureau shall be conclusive.The refusal to renew or cancel a licence for failure to discharge the obligations under Item M, shall be based on the report of assessment/audit during surveillance and regular review or reassessment. Such decisions shall be communicated to the applicant or licensee in writing;(b) Any authorized officer of the Bureau shall be entitled to suspend a licence if there are sufficient grounds of non-compliance of the following,—(i) if surveillance proves non-conformity to the relevant requirements but immediate termination is not considered necessary;(ii) if improper use of the licence is made;(iii) if related documents are not corrected to the Bureau's satisfaction;(iv) if there has been any contravention of procedures set out by the Bureau;(v) if the licensee fails to meet financial obligations to the Bureau; and(vi) on any other grounds specifically provided for under the procedures, rules or formally agreed between the licensee and the Bureau;(c) The Bureau may revoke suspension of a licence after satisfying itself that the licensee has taken necessary actions to remove the deficiencies within time limits specified by the Bureau;

Page 52: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(d) Before the Bureau suspends or cancels any licence, it shall give the licensee not less than fourteen days notice of its intention to suspend or cancel the licence;(e) On the receipt of such notice, the licensee may submit an explanation on his behalf to the Bureau within seven days from the receipt of the notice. If an explanation is submitted, the Bureau may consider the explanation and give a hearing to the licensee within fourteen days from the date of receipt of such explanation or before the expiry of the notice whichever is longer;(f) If no explanation is submitted, the Bureau may on the expiry of period of the notice, suspend or cancel the licence;(g) Where a licence has been suspended or cancelled or has not been renewed on the expiry of the period of its validity, the licensee shall discontinue forthwith the use of the licence notwithstanding the pendency of any appeal before the Central Government underSection 16-of the Act and shall return the licence and related documents to the Bureau;(h) Where the licensee is unable in the specified period or reasonable period of time, to rectify any deficiencies which make the licensee unable to comply with the requirements of this scheme, the licence may be cancelled. Cancellation of the licence in such case shall require the licensee to lodge a fresh application followed by the procedure prescribed in these regulations for the grant of a new licence.P. Misuse of licence.—The licensee shall be deemed to have misused the licence, if he tampers with the licence in any manner or does not cease to display or otherwise use the licence and the Bureau's Standard Mark immediately after,—(a) Surrender of licence or its suspension or cancellation; or expiry of period of validity of the licence;(b) The licensee has made a change to its Management System which has not been accepted by the Bureau and which could reasonably be expected to affect the licensee's qualification for licence:(c) The licensee has failed to implement changes as advised by the Bureau or failed to take corrective actions on the non-conformities pointed out by the Bureau;(d) Any other circumstances arising which could reasonably be expected to affect adversely the Management System of the licensee;(e) When a Standard Mark has been specified in respect of a management system, no person other than the licensee in possession of a valid licence shall make any public claim, through any advertisement, sales promotion leaflets, price lists or the like that his management system conforms tothe relevant Indian Standard or use the Standard Mark.Q. Appeals.—Appeals against any decision of the Bureau shall be made under the provisions of Section 16-ofthe Act, and the rules made thereunder.

Page 53: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

  REGULATION 08: MANNER, CONDITION AND FEES FOR GRANT AND RENEWAL OF LICENCE FOR ENVIRONMENTAL MANAGEMENT SYSTEM7[* * * * * *]  FORM 01: APPLICATION FOR LICENCE TO USE THE STANDARD MARK UNDER THE BUREAU OF INDIAN STANDARDS ACT, 1986THE DIRECTOR-GENERAL BUREAU OF INDIAN STANDARDS MANAKBHAVAN 9 BAHADUR SHAH ZAFAR MARG NEW DELHI 110 002 1. *I/We, carrying on business at__________________________________________________________________________________________________________________________ (full business address) under the style of _____________________________________________________________________________________________________ (full name of individual or firm) hereby apply for a licence under the BUREAU OF INDIAN STANDARDS ACT, 1986, to use the Standard Mark in respect of the article/process which forms to the Indian Standard listed below: (a) ** Article__________________________________________________________________ Type(s) Size(s) Grade(s) Related Indian Standard (b) ** Process Related Indian Standard IS: Title IS: Title _____________________________________________________________________________ *Strike out one not applicable ** Only one of the two items under (a), (b) may be covered by one application ; strike out the other. 2. The above article is/manufactured by_______________________________________ process is carried out ________________________________________________________________ Name of factory on the premises situated at ___________________________________________________________________________________ (address) 3. (a) The composition of the top Management of my/our firm is as follows:__________________________________________________________________________ Sl. No. Name Designation__________________________________________________________________________ 1. 2. 3. 4. 5.__________________________________________________________________________ (b) I/We undertake to intimate to the Bureau any change to in the above composition as soon as it takes place. 4. I/We hereby enclose an attested copy/Photocopy of the Certificate of

Page 54: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

incorporation issued by the Registrar of Firms or Societies/Director of Industries (In case of Small Scale Units) or similar other documents authenticating the name of the firm and its manufacturing premises. 5. (a) My/Our factory is equipped with the machines, tools, etc., as mentioned in the enclosed list. (b) I/We have testing arrangements as per enclosed list and as per IS:- OR The following testing arrangements as per IS: are still to be made. (c) Details of Technical Personnel employed:__________________________________________________________________________Sl.No. Name Qualification Job__________________________________________________________________________ 1. 2. 3. 4. 5.__________________________________________________________________________ 6. (a) The Trade Mark(s)/BrandName(s) used by us are as follows:____________________________________________________________________________________________________________________________________________________ (b) I/We intend to apply Standard Mark on the following Trade Mark(s)/Brand Name(s): __________________________________________________________________________ __________________________________________________________________________ (c) Registration No. and Date of the Trade Mark(s)/Brand Name(s) proposed to be covered under Standard Mark: OR In case of non-registration, I/We enclose documentary evidence in form of publicity/packing material, etc., in support of the Trade Mark(s)/Brand Name(s). 7. Production figures for the said article/process and the value thereof to the best of my/our knowledge and estimates are as follows:__________________________________________________________________________ Year Production Unit Value Rs.__________________________________________________________________________ Last year from_______________ to___________________________ Current year from____________to___________________________ _____________________________ (estimate)__________________________________________________________________________ 8. In order to ensure conformity of the said article/process to the related Indian Standard __________________________________________________________________________ *I/We have in use/propose to use the Scheme of Inspection and Testing described in the Statement attached hereto. Routine records of all the inspections and tests are being/will be kept in the form detailed in the Statement. I/We further undertake to modify, amend or alter my/our Scheme of Inspection and Testing to bring it in line with that which may be specified by you from time to time. I/We have at present no Scheme of Inspection and Testing in operation. I/We, however, undertake to put in operation any such scheme as recommended by the Bureau. 9. I/We agree to pay the marking fee as prescribed by the Bureau and that agreed

Page 55: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

to by me/us applicable from the date of the grant of the licence. 10. Should any initial enquiry be made by the Bureau, I/We agree to extend to the Bureau all reasonable facilities at my/our command and I/We also agree to pay all expenses of the said enquiry, including charges for testing, as and when required by the Bureau. I/We request that the preliminary inspection of my/our factory may be carried out by _________________________ (indicate date) ORI/We shall intimate, the time, date, etc. suitable for carrying out the preliminary inspection as soon as production of the article applied for is undertaken and I/We are ready for drawal of samples. 11. (a) Certified that earlier I/We had applied and the application No. was -. It did not mature into a licence because of____________________ (b) Certified that earlier I/We held CM/L No. ___________________________ which was lapsed/cancelled because of _______________________________ vide letter No. __________________________ dated ____________________ from Bureau. 12. I/We undertake that should any of the information supplied above in the application form is found to be wrong, the application may be rejected forthwith. 13. Should the licence be granted and as long as it will remain operative, I/We hereby undertake to abide by all the terms and conditions of the licence and the regulations prescribed under the aforesaid Act. In the event of the licence being suspended or cancelled, I/We also undertake to cease with immediate effect to use the Standard Mark on any article covered by the licence and to withdraw all relevant advertising matters and to take such other steps as may be necessary to fulfil the provision of the aforesaid Regulations. Dated this __________________________ Day of ____________________ One thousand nine hundred and __________________________________________ Signature ____________________ Name _________________________ Designation __________________ For and on behalf of _______________ ________________________ (Name of the firm) SEAL OF FIRM  FORM 03: FORM III7FORM III[SeeRegulation 7(l)(D)(rf)]BUREAU OF INDIAN STANDARDSLicence for the Management Systems CertificationLicence No. QSC/L— 1. By virtue of the power conferred on it by, the Bureau of Indian Standards Act, 1986 (63 of 1986), the Bureau hereby grants to..............(hereinafter called the licensee) the right and licence to be listed in the Bureau's register(s) of Licensees of Management* Systems Certification in respect of the products or processes particularly described in the Schedule hereto, bearing the same number as this licence. Such products shall be manufactured by the licensee at only the address(es) given above, and under the Management* System in accordance with IS..........................

Page 56: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

2. The licence is granted subject to the relevant provisions of the above Act and the rules and regulations made thereunder governing the licences referred to above, and the licensee hereby convenants with the Bureau duly to observe with the said rules and regulations.3. This licence shall be valid from............toand may be renewed as prescribed in the regulations. Signed, Sealed and Dated this....................day of......... for Bureau of Indian Standards Schedule to Licence NoIssued to...SCHEDULEProducts/Processes with respect to which the firm has been granted the licence for Management* Systems Certification:* Appropriate Management System to beinsertedhere".(4) In the said regulation. Regulation 8 shall bedeleted.  SCHEDULE 01: THE FIRST SCHEDULE__________________________________________________________________________STANDARD MARK ARTICLE/PROCESS INDIAN STANDARD(S)__________________________________________________________________________ (1) (2) (3)____________________________________________________________________________________________________________________________________________________  SCHEDULE 02: THE SECOND SCHEDULE SCHEDULE OF MARKING FEE FOR LICENCE NO. CM/L____________________________________________________________________________________ARTICLE/PROCESS UNIT MARKING FEE PER UNIT MANNER OF PAYMENT_____________________________________________________________________________________ (1) (2) (3) (4)_____________________________________________________________________________________1. 2. 3. 4. 5. (a) Minimum marking fee for one operative year payable in advance which will be carried over to next renewal(s). (b) Actual marking fee for the first nine months of the operative period calculated on the unit rate on the production marked or the minimum fee, whichever is higher, shall be payable at Delhi/New Delhi at the time of the first renewal of the licence. For subsequent renewals, the actual marking fee for 12 months' period consisting of last three months of previous operative period and first nine months of the current operative

Page 57: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

period of the minimum fee, whichever is higher, shall bepayable.__________________________________________________________________________ BUREAU OF INDIAN STANDARDS (POWER AND DUTIES OF

DIRECTOR DIRECTOR-GENERAL) REGULATIONS, 1987G.S.R. 536(E), dated the 1st June, 1987.1-In exercise of the powers conferred by Cl. (b) of sub-section (2) ofSec. 38of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Executive Committee of the Bureau of Indian Standards, with the previous approval of the Central Government, hereby makes the following regulations, namely:  REGULATION 01: SHORT TITLE AND COMMENCEMENT- (1) These regulations may be called the Bureau of Indian Standards (Powers and Duties of Director-General) Regulations, 1987.(2) They shall come into force on the date of their publication in the Official Gazette.  REGULATION 02: DEFINITIONS-In these regulations, unless the context otherwise requires,-(a) "Act" means the Bureau of Indian Standards Act, 1986 (63 of 1986);(b) "employee" means officers and employees in the whole time service of the Bureau but does not include a person employed on daily wages:(c) "rules" means the Bureau of Indian Standards Rules, 1987 ;(d) "post" means a post under the Bureau;(e) all other words and expressions used in the regulations and not defined but defined in the Act or the rules , shall have the meaning respectively assigned to them in the Act and the rules.  REGULATION 03: POWERS AND DUTIES OF DIRECTOR GENERAL- 2[(1)] The Director-General as Chief Executive of the Bureau shall,-(a) convene with the approval of the President meetings of the Bureau;(b) administer and co-ordinate various activities of the Bureau ;(c) assign duties of employees;(d) issue instructions to employees for carrying out activities of the Bureau;3[(e) exercise powers vested with the Head of the Department in the Central Government under the General Financial Rules, 1963; Delegation of Financial Powers Rules, 1978; the

Page 58: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

Fundamental Rules and the Supplementary Rules, 1922; Central Civil Services (Pension) Rules, 1972; Central Services (Medical Attendance) Rules, 1944; General Provident Fund (Central Services) Rules, 1960; Central Civil Services (Leave) Rules, 1972: Central Civil Service (Conduct) Rules, 1962; Central Civil Services(Classification, Control and Appeal) Rules, 1965; Contributory Provident Fund Rules (India), 1962 as amended from time to time and the powers specifed in the Schedule appended to these regulations.](f) undertake such other duties and exercise such other powers as may be delegated to him by the Executive Committee.4[(2) For administrative efficiency, the Director-General may delegate any of his powers or duties under these regulations to any of the officers not below the rank of Deputy Director of the Bureau subject to report of the Executive Committee.]  SCHEDULE 01: SCHEDULESl. No. Powers Extent 1. [1. To permit a permanent employeeto retain lien on a post under the Bureau:(a) In case of employment in Central/ State Government Department Initially up to two years extendable by Public Sector Undertaking or one more year in exceptional cases. autonomous body.(b) In case of deputation to developing Initially upto two years extendable by countries on Government basis. another three years.]2. To transfer an employee from one Full powers. post to another.3. To sanction grant and to permit Upto a maximum of Rs. 1000 in each acceptance of honorarium. case.4. To allow mileage allowance by a Full powers, provided selection of the route other than the shortest route is in Bureau's interest.5. To decide the shortest of two or more Full powers. routes.6. To decide whether a particular absence Full powers. is absence on duty.7. To sanction recurring and non- Full powers within the budget recurring expenditure. provision.8. To sanction purchase of working Full powers within the budget stores and equipment. provision.9. To sanction permanent advances. Full powers up to a limit of Rs. 15000 subject to report to the Executive Committee.10. To sanction municipal of cantonment Full powers. taxes.11. To sanction the renting of ordinary Full powers within the budget office accommodation. provision.12. To sanction expenditure for repairs and Full powers within the budget alterations to hired

Page 59: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

and requisitioned provision. buildings.13. To sanction expenditure on original Full powers within the budget petty works and special and ordinary provision. repairs to the building owned by the Bureau.14. To sanction advance of pay to an Full powers. officer under transfer.15. To sanction the purchase of Full powers. typewriters, calculating machines, accounting machines, etc.16, To order destruction of records. Full powers.17. To write off irrecoverable losses of As under subject to report to the stores, or of public money (including Executive Committee: loss of stamps),etc. provided that (i) (a) Rs. 1000 for losses of stores not the loss does not disclose a defect in due to theft, fraud or negligence;  rules or procedure the amendment of and which requires the orders of higher authority and (ii) there has not been (b) Rs, 2500 for other cases. any serious negligence on the part of any employee of the Bureau which may call for disciplinary action by a higher authority.18. To order sale, by auction or otherwise Full powers. of unserviceable stores or perishable articles in the interest of the Bureau.19. To sanction tours and to countersign Full powers. TA bills of employees including his own.20. To grant any leave including special Full powers. disability leave to the employees.[21. To fill substantively all vacant posts Full powers.]with scale of pay of maximum of which does not exceed Rs. 4500 per month. (This power includes the power to appoint, to confirm and to terminate).22. To make officiating appointment. Full powers, subject to the approval of the Central Government in case of officiating appointment for a period exceeding six months to posts with scale of pay the maximum of which exceeds Rs. 5000 per month.23. To withhold increments. Full powers in respect of posts with scale of pay the maximum of which does not exceed Rs. 5000 per month.24. To allow an employee to count Full powers in respect of posts with extraordinary leave for increments. scale of pay the maximum of which does not exceed Rs. 5000 per month.25. To grant subsistence allowance to an Full powers in respect of posts with employee under suspension. scale of pay the maximum of which does not exceed Rs. 5000 per month.26. To allow travel by air to employees. Full powers in the case of employees entitled to first class railway fare.27. To sanction telephone installations. Full powers.[28. To nominate delegations to Full powers within the budget international meetings after consulting provision subject to report to the concerned Division Council/ Executive Committee.] Sectional Committee of the Bureau and other interests concerned with thesubject-matter under discussion.

Page 60: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

29. To sanction expenditure on Full powers within the budget entertainment and light refreshments. provision.30. To sanction expenditure on grants-in- Full powers within the budget aid for welfare of employees in provision. accordance with Central Government practice.31. To sanction grants-in-aid for research Full powers within the budget and testing. provision.32. To sanction TA and DA to Bureau and Full powers. Committee members as admissible under the regulations.33. To decide the scope and extent of Full powers. insurance of Bureau's property and sanction expenditure.34. To sponsor an employee for Full powers within the budget undergoing a specialized course or provision. training in India and to sanction expenditure therefore.35. To grant special pay to employees. In conformity with the orders of the Central Government on the subject.36. To sanction payment of honorarium/ Up to Rs. 2000 in each case. fee to outside experts for special service or advice.37. To sanction demurrage/wharfage Full powers subject to report to the charges. Executive Committee where expenditure exceed Rs. 1000 in each case.38. To grant pre-mature increments to Full powers subject to guidelines laid employees. down by the Central Government, if any.39. To sanction loans and advances to Full powers. employees in accordance with the Central Government orders.40. To appoint officers as inspecting Full powers. officers and furnish them with acertificate of appointment41. To authorize an officer or officers to Full powers. authenticate orders and decisions of, and other instruments issued by the Bureau.42. To exempt use of any name, mark or Full powers. trade mark referred to in Sec. 12 of the Act from the operation thereof in accordance with the provisions of rule 14.43. To obtain from licensees any Full powers. information and samples of any material or substance used in relation to any article or process. BUREAU OF INDIAN STANDARDS (POWER AND DUTIES OF

DIRECTOR DIRECTOR-GENERAL) REGULATIONS, 1987G.S.R. 536(E), dated the 1st June, 1987.1-In exercise of the powers conferred by Cl. (b) of sub-section (2) ofSec. 38of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Executive Committee of the Bureau of Indian Standards, with the previous approval of the Central Government, hereby makes the following regulations, namely: 

Page 61: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

 REGULATION 01: SHORT TITLE AND COMMENCEMENT- (1) These regulations may be called the Bureau of Indian Standards (Powers and Duties of Director-General) Regulations, 1987.(2) They shall come into force on the date of their publication in the Official Gazette.  REGULATION 02: DEFINITIONS-In these regulations, unless the context otherwise requires,-(a) "Act" means the Bureau of Indian Standards Act, 1986 (63 of 1986);(b) "employee" means officers and employees in the whole time service of the Bureau but does not include a person employed on daily wages:(c) "rules" means the Bureau of Indian Standards Rules, 1987 ;(d) "post" means a post under the Bureau;(e) all other words and expressions used in the regulations and not defined but defined in the Act or the rules , shall have the meaning respectively assigned to them in the Act and the rules.  REGULATION 03: POWERS AND DUTIES OF DIRECTOR GENERAL- 2[(1)] The Director-General as Chief Executive of the Bureau shall,-(a) convene with the approval of the President meetings of the Bureau;(b) administer and co-ordinate various activities of the Bureau ;(c) assign duties of employees;(d) issue instructions to employees for carrying out activities of the Bureau;3[(e) exercise powers vested with the Head of the Department in the Central Government under the General Financial Rules, 1963; Delegation of Financial Powers Rules, 1978; the Fundamental Rules and the Supplementary Rules, 1922; Central Civil Services (Pension) Rules, 1972; Central Services (Medical Attendance) Rules, 1944; General Provident Fund (Central Services) Rules, 1960; Central Civil Services (Leave) Rules, 1972: Central Civil Service (Conduct) Rules, 1962; Central Civil Services(Classification, Control and Appeal) Rules, 1965; Contributory Provident Fund Rules (India), 1962 as amended from time to time and the powers specifed in the Schedule appended to these regulations.](f) undertake such other duties and exercise such other powers as may be delegated to him by the Executive Committee.4[(2) For administrative efficiency, the Director-General may delegate any of his powers or duties under these regulations to any of the officers not below the rank of Deputy Director of the Bureau subject to report of the Executive Committee.] 

Page 62: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

 SCHEDULE 01: SCHEDULESl. No. Powers Extent 1. [1. To permit a permanent employeeto retain lien on a post under the Bureau:(a) In case of employment in Central/ State Government Department Initially up to two years extendable by Public Sector Undertaking or one more year in exceptional cases. autonomous body.(b) In case of deputation to developing Initially upto two years extendable by countries on Government basis. another three years.]2. To transfer an employee from one Full powers. post to another.3. To sanction grant and to permit Upto a maximum of Rs. 1000 in each acceptance of honorarium. case.4. To allow mileage allowance by a Full powers, provided selection of the route other than the shortest route is in Bureau's interest.5. To decide the shortest of two or more Full powers. routes.6. To decide whether a particular absence Full powers. is absence on duty.7. To sanction recurring and non- Full powers within the budget recurring expenditure. provision.8. To sanction purchase of working Full powers within the budget stores and equipment. provision.9. To sanction permanent advances. Full powers up to a limit of Rs. 15000 subject to report to the Executive Committee.10. To sanction municipal of cantonment Full powers. taxes.11. To sanction the renting of ordinary Full powers within the budget office accommodation. provision.12. To sanction expenditure for repairs and Full powers within the budget alterations to hired and requisitioned provision. buildings.13. To sanction expenditure on original Full powers within the budget petty works and special and ordinary provision. repairs to the building owned by the Bureau.14. To sanction advance of pay to an Full powers. officer under transfer.15. To sanction the purchase of Full powers. typewriters, calculating machines, accounting machines, etc.16, To order destruction of records. Full powers.17. To write off irrecoverable losses of As under subject to report to the stores, or of public money (including Executive Committee: loss of stamps),etc. provided that (i) (a) Rs. 1000 for losses of stores not the loss does not disclose a defect in due to theft, fraud or negligence;  rules or procedure the amendment of and which requires the orders of higher authority and (ii) there has not been (b) Rs, 2500 for other cases. any serious negligence on the

Page 63: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

part of any employee of the Bureau which may call for disciplinary action by a higher authority.18. To order sale, by auction or otherwise Full powers. of unserviceable stores or perishable articles in the interest of the Bureau.19. To sanction tours and to countersign Full powers. TA bills of employees including his own.20. To grant any leave including special Full powers. disability leave to the employees.[21. To fill substantively all vacant posts Full powers.]with scale of pay of maximum of which does not exceed Rs. 4500 per month. (This power includes the power to appoint, to confirm and to terminate).22. To make officiating appointment. Full powers, subject to the approval of the Central Government in case of officiating appointment for a period exceeding six months to posts with scale of pay the maximum of which exceeds Rs. 5000 per month.23. To withhold increments. Full powers in respect of posts with scale of pay the maximum of which does not exceed Rs. 5000 per month.24. To allow an employee to count Full powers in respect of posts with extraordinary leave for increments. scale of pay the maximum of which does not exceed Rs. 5000 per month.25. To grant subsistence allowance to an Full powers in respect of posts with employee under suspension. scale of pay the maximum of which does not exceed Rs. 5000 per month.26. To allow travel by air to employees. Full powers in the case of employees entitled to first class railway fare.27. To sanction telephone installations. Full powers.[28. To nominate delegations to Full powers within the budget international meetings after consulting provision subject to report to the concerned Division Council/ Executive Committee.] Sectional Committee of the Bureau and other interests concerned with thesubject-matter under discussion.29. To sanction expenditure on Full powers within the budget entertainment and light refreshments. provision.30. To sanction expenditure on grants-in- Full powers within the budget aid for welfare of employees in provision. accordance with Central Government practice.31. To sanction grants-in-aid for research Full powers within the budget and testing. provision.32. To sanction TA and DA to Bureau and Full powers. Committee members as admissible under the regulations.33. To decide the scope and extent of Full powers. insurance of Bureau's property and sanction expenditure.34. To sponsor an employee for Full powers within the budget undergoing a specialized course or provision. training in India and to sanction expenditure therefore.35. To grant special pay to employees. In conformity with the orders of the Central

Page 64: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

Government on the subject.36. To sanction payment of honorarium/ Up to Rs. 2000 in each case. fee to outside experts for special service or advice.37. To sanction demurrage/wharfage Full powers subject to report to the charges. Executive Committee where expenditure exceed Rs. 1000 in each case.38. To grant pre-mature increments to Full powers subject to guidelines laid employees. down by the Central Government, if any.39. To sanction loans and advances to Full powers. employees in accordance with the Central Government orders.40. To appoint officers as inspecting Full powers. officers and furnish them with acertificate of appointment41. To authorize an officer or officers to Full powers. authenticate orders and decisions of, and other instruments issued by the Bureau.42. To exempt use of any name, mark or Full powers. trade mark referred to in Sec. 12 of the Act from the operation thereof in accordance with the provisions of rule 14.43. To obtain from licensees any Full powers. information and samples of any material or substance used in relation to any article or process. 

BUREAU OF INDIAN STANDARDS (RECRUITMENT OF ADMINISTRATION, FINANCE AND OTHER POSTS)

REGULATIONS, 1988G.S.R. 38(E), dated the 15th January, 1988.1-In exercise of the powers conferred bySec. 38of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Executive Committee of the Bureau of Indian Standards, with the previous approval of the Central Government, hereby makes the following regulations, namely:  REGULATION 01: SHORT TITLE AND COMMENCEMENT- (1) These regulations may be called the Bureau of Indian Standards (Recruitment to Administration, Finance and Other Posts) Regulations, 1988.(2) They shall come into force on the date of their publication in the Official Gazette.  REGULATION 02: DEFINITIONS-In these regulations, unless the context otherwise requires,-(a) "Act" means the Bureau of Indian Standards Act, 1986 (63 of 1986);(b) "Administration, Finance and Other Posts" means the posts included in the Schedule;(c) "rules" means the Bureau of Indian Standards Rules, 1987 ;

Page 65: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(d) "Schedule" means the Schedule appended to these regulations;(e) "Scheduled Castes" and "Scheduled Tribes" shall have the same meanings as are respectively assigned to them in Cls. (24) and (25) of Art. 366 of the Constitution of India;(f) "selection committees" means the Committees constituted under sub- regulations (2), (3) and (4) of regulation 7 of the Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988 :(g) "Standing Staff Committee" means the committee constituted under sub- regulation (1) of regulation 7 of the Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988;(h) words and expressions used in these regulations and not defined but defined in the Act or the rules shall have the meanings respectively assigned to them in the Act and the rules.  REGULATION 03: APPLICATION-These regulations shall apply to posts mentioned in column (2) of the Schedule : Provided that the services rendered by the incumbents to these posts in the erstwhile Indian Standards Institution shall be counted for the purposes of these regulations.  REGULATION 04: METHOD OF RECRUITMENT-The method of recruitment to the posts referred toin regulations, scale of pay, age limit, qualifications and other matters connected therewith shall be as specified in the Schedule: Provided that in case of deputation, the period of such deputation shall not ordinarily exceed three years. The maximum period of deputation shall be five years and deputation allowance shall be admissible only for the first four years of deputation: Provided further that vacancies required to be filled by promotion may be filled by direct recruitment when no employee is eligible or found suitable for promotion.  REGULATION 05: DIRECT RECRUITMENT- (1) Vacancies shall be advertised in the leading newspapers and/or notified to the Employment Exchange/Directorate General of Resettlement, Ministry of Defence, giving, among others, full information regarding number of posts, reservation for the Scheduled Castes and Scheduled Tribes, prescribed qualifications, age limit and experience.(2) Candidates possessing the prescribed qualifications, experience and age limit shall be eligible for the post : Provided that upper age limit may be relaxed in case of the officers and employees of the Bureau and in respect of such categories of persons as may, from time to time be notified in this behalf by the Central Government to the extent and subject to the

Page 66: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

conditions notified in respect of each category.(3) In the case of posts to be filled through competitive examination-(a) a written examination, which may include shorthand, typewriting and other practical tests, shall be conducted by the Bureau departmentally or through a professional institution or agency on date and at places to be decided by the Director-General;(b) the number of candidates to be called for interview shall be not more than four times the number of vacancies advertised in order of merit from among those who have secured at least fifty per cent. Marks in the written examination: Provided that for the posts of Lower Division Clerk, Junior Stenographer and such other Group 'C' posts as may be decided by the Director-General, there shall be no interview, and the selections shall be made on the basis of merit in the written examination ;(c) the candidates shall be selected on the basis of merit as determined by the aggregate marks obtained by giving equal weightage to the written examination and interview, where applicable.(4) In the case of posts to be filled by selection, applications received shall be got screened by the Director-General and a list of the candidates to be called for interview shall be prepared for the approval by the Screening Committee comprising,-(a) for Group 'A' posts, the Director-General, one of the nominees of the Executive Committee on the Standing Staff Committee and an officer of the Bureau to be nominated by the Director-General ;(b) for Group 'B' posts, the Director-General and two officers of the Bureau to be nominated by him ; and(c) for Group 'C' and 'D' posts, three officers of the Bureau to be nominated by the Director-General, and the candidates as approved by the Screening Committee Shall be called for interview.(5) Candidates belonging to any of the Scheduled Castes or the Scheduled Tribes, may, to the extent the number of vacancies reserved for the Scheduled Castes and the Schedules Tribes cannot be filled on the basis of the criteria laid down in sub-regulation (3) for posts to be filled by competitive examination and sub-regulation (4) for posts to be filled by selection, be selected by giving relaxation to make up the deficiency in the reserved quota, subject to suitability of these candidates for selection to the posts concerned.(6) The probation and other terms and conditions of probation of candidates so appointed shall be in accordance with the Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988.(7) It shall be permissible to draw up a reserved list of successful candidates for filling vacancies which shall remain valid for a period of one year from the date such list is drawn.  

Page 67: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

REGULATION 06: PROMOTIONS- (1) For the purpose of promotion, a post shall be either a selection post or a non-selection post as given in the Schedule.(2) Promotion to a selection post shall be on the basis of merit with 'due regard to seniority. The appropriate Selection Committee shall judge the merit and suitability of eligible employees within the zone of consideration in accordance with the procedure laid down by the Executive Committee for promotion taking into account the record of service including Confidential Reports and recommend the order in which the promotion may be made.(3) Promotion to a non-selection post shall be on the basis of seniority subject to rejection of unfit as determined from the record of service including Confidential Reports, by the appropriate Selection Committee.  REGULATION 07: CATEGORIES OF POSTS AND THEIR AUTHORIZED STRENGTH-The categories of posts and their authorized strength shall be such as may from time to time be determined by the Executive Committee with the approval of the Central Government. The categories of posts and their authorized strength as on the 30th September, 1987 are given in the Schedule.  REGULATION 08: POWER TO RELAX-Where the Executive Committee is of the opinion that it is necessary or expedient so to do, it may, for reasons to be recorded in writing, relax any of the provisions of these regulations in respect of any class or category of persons.  REGULATION 09: SAVINGS-Nothing in these regulations shall affect reservations, relaxation of age limit and other concessions required to be provided for Scheduled Castes, the Scheduled Tribes, ex-servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.  REGULATION 10: INTERPRETATION-If any question relating to interpretation of these regulations arises, it shall be decided by the Executive Committee. 

Page 68: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

BUREAU OF INDIAN STANDARDS (RECRUITMENT TO LABORATORY TECHNICAL POSTS) REGULATIONS, 1988

G.S.R. 36(E), dated the 15th January, 1988.1-In exercise of the power conferred bySec. 38 of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Executive Committee of the Bureau of Indian Standards, with the previous approval of the Central Government, hereby makes the following regulations, namely :  REGULATION 01: SHORT TITLE AND COMMENCEMENT- (1) These regulations may be called the Bureau of Indian Standards (Recruitment to Laboratory Technical Posts) Regulations, 1988.(2) They shall come into force on the date of their publication in the Official Gazette.  REGULATION 02: DEFINITIONS-In these regulations, unless the context otherwise requires,-(a) "Act" means the Bureau of Indian Standards Act, 1986 (63 of 1986);(b) "Laboratory Technical Posts" means the posts included in the Schedule;(c) "rules" means the Bureau of Indian Standards Rules, 1987 ;(d) "Schedule" means the Schedule appended to these regulations;(e) "Scheduled Castes" and "Scheduled Tribes" shall have the same meanings as are respectively assigned to them in Cls. (24) and (25) of Art. 366 of the Constitution of India;(f) "Selection Committee-B" means the Committee constituted under sub- regulation (3) of regulation 7 of the Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988-; and(g) words and expressions used in these regulations and not defined but defined in the Act or the rules shall have the same meanings respectively assigned to them in the Act and the rules.  REGULATION 03: APPLICATION-These regulations shall apply to posts mentioned in column (2) of the Schedule :Provided that the services rendered by the incumbents to these posts in the erstwhile Indian Standards Institution shall be counted for the purposes of these regulations.  REGULATION 04: METHOD OF RECRUITMENT-The method of recruitment to the said posts, scales of pay, age limit, qualifications and other matters connected therewith shall be as specified in the Schedule.

Page 69: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

  REGULATION 05: DIRECT RECRUITMENT TO THE POSTS OF4Technical Assistant]-(1) Vacancies shall be advertised in the leading newspapers giving, among others, full information regarding number of posts, reservation for Scheduled Castes and Scheduled Tribes, prescribed qualifications and age requirement.(2) Candidates possessing the prescribed qualifications shall be eligible for the post: Provided that upper age limit may be relaxed in case of the employees of the Bureau and in respect of such categories of persons as may from lime to time be notified in this behalf by the Central Government to the extent and subject to the conditions notified in respect of each category.(3) A written examination shall be conducted by the Bureau departmentally or through a professional institution or agency on dates and at places to be decided by the Director-General.(4) The number of candidates to be called for interview shall be not more than four times the number of vacancies advertised in the respective disciplines in order of merit from among those who have secured at least fifty per cent marks in the written examination.(5) The candidates shall be selected disciplinewise on the basis of merit as determined by the aggregate marks obtained by giving equal weightage to the written examination and interview.(6) The candidates belonging to any of the Scheduled Castes or Scheduled Tribes may, to the extent the number of vacancies reserved for the Scheduled Castes and the Scheduled Tribes, cannot be filled on the basis of the criteria laid down in sub-regulations (3). (4) and (5), be selected by giving relaxation to make up the deficiency in the reserved quota, subject to suitability of these candidates for selection.(7) It shall be permissible to draw up a reserved list of successful candidates for filling vacancies which shall remain valid for a period of one year from the date such list is drawn.(8) The candidates so appointed shall be on probation in accordance with Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988 during which period of Director-General shall arrange to give them such training and responsibilities as deemed necessary and prescribe departmental examination or examinations to be passed for successful completion of the probation. Other conditions of probation as given in the said regulations shall apply.  REGULATION 06: PROMOTION-The promotion shall be made by selection from amongst the employees in the next lower grade by the Selection Committee-B on the basis of merit with due regard to seniority in accordance with the procedure laid down by the Executive Committee taking into account the record of service, including the annual confidential reports, and recommend the order in which

Page 70: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

the promotions may be made.  REGULATION 07: CATEGORIES OF POSTS AND THEIR AUTHORIZED STRENGTH-The categories of posts and their authorized strength shall be such as may be determined from time to time by the Executive Committee with the approval of the Central Government. The categories of posts and their authorized strength as on the 30th September, 1987 are given in the Schedule.  REGULATION 08: POWER TO RELAX-Where the Executive Committee is of the opinion that it is necessary or expedient so to do, it may, for reasons to be recorded in writing, relax any of the provisions of these regulations in respect of any class or category of persons.  REGULATION 09: SAVING-Nothing in these regulations shall affect reservations, relaxation of age limit and other concessions required to be provided for Scheduled Castes, the Scheduled Tribes, ex-servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.  REGULATION 10: INTERPRETATION-If any question relating to interpretation of these regulations arises, it shall be decided by the Executive Committee.  SCHEDULE 01: SCHEDULE_____________________________________________________________________________________________________________________________Sl. Name of No. of Scale of Method of Age Educational Experience Promotion No. the post posts pay filling the limit qualifications for direct eligibility post for for direct recruitment direct recruitment recruits __________________________________________________________________________________________________________________________ 1 2 3 4 5 6 7 8 9____________________________________________________________________________

Page 71: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

______________________________________________ 1. '[Tech- 123 1400-40 Direct recruit- Maxi- Degree in Not appli- Not appli- nical 1600-50 ment mum Science with cable cable Assistant] 2300.EB- 25 60 percent 60-2600 years marks, subjects Physics, Chemistry or Degree in Science (Honours) with 60 percent marks subject Physics or Chemistry or 3 years' Diploma ill Mechanical/ Electrical Engin- eering or its equivalent minimum 60 per cent, marks (Second class for Scheduled Caste/ Scheduled Tribe candidates). 2. '[Tech- 59 2000-60 Promotion Not Not lppli- Not appli- Six years' nical 2300-EB- appli- cable cable service at Assistant 75-3200 cable Technical Senior Assistant- Technical A Aisiitant] 3. '[Tech- 7 2375-75 Promotion Not Not appli- Not appli- Six years' nical 3200-EB appli- cable cable service ai Supervisor 100-3500 cable Technical Assistant- B ___________ 

BUREAU OF INDIAN STANDARDS (RECRUITMENT TO SCIENTIFIC CADRE) REGULATION, 1988

G.S.R. 35 (E), dated the 15th January, 1988.1-In exercise of the powers conferred bySec. 38 of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Executive Committee of the Bureau of Indian Standards, with the previous approval of the Central Government, hereby makes the following regulations, namely :  REGULATION 01: SHORT TITLE AND COMMENCEMENT-(1) These regulations may be called the Bureau of Indian Standards (Recruitment to Scientific Cadre) Regulations, 1988.(2) They shall come into force on the date of their publication in the Official Gazette.  REGULATION 02: DEFINITIONS-In these regulations, unless the context otherwise requires,-(a) "Act" means the Bureau of Indian Standards Act, 1986 (63 of 1986);(b) "Assessment Committee" means a Committee appointed by the Director- General for the purpose of assessment of merit and performance of officers in Scientific Cadre for their promotion to next higher post :(c) "rules" means the Bureau of Indian Standards Rules, 1987;(d) "Schedule" means a schedule appended to these regulations;(e) "Scheduled Castes" and "Scheduled Tribes" shall have the same meanings as are respectively assigned to them in Cls. (24) and (25) of Art. 366 of the Constitution of India;(f) "Scientific Cadre" means the Cadre of Group 'A' officers appointed to posts specified in the First Schedule;

Page 72: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(g) "Screening Committee" means the Committee constituted underregulation 8-;(h) "Selection Committee-A" means the Committee constituted under sub- regulation (2)of regulation 7 of the Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988-;(i) "Standing Staff Committee" means the Committee constituted under sub- regulation (1) o fregulation 7 of the Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988-; and(j) words and expressions used in these regulations and not defined but defined in the Act or the rules shall have the meanings respectively assigned to them in the Act and the rules.  REGULATION 03: CONSTITUTION OF THE SCIENTIFIC CADRE-There shall be constituted a Scientific Cadre to be called the Bureau of Indian Standards Scientific Cadre consisting of persons appointed to the posts specified in column (2) of the First Schedule and in the disciplines as given in the Second Schedule.  REGULATION 04: MEMBERS OF THE SCIENTIFIC CADRE-The following persons shall be the members of the Scientific Cadre, namely:(a) persons from the erstwhile Indian Standards Institution Service Cadre shall be deemed to be members of the Scientific Cadre. The service rendered in Indian Standards Institution Service Cadre shall be counted as service under the Scientific Cadre in the equivalent post; and(b) persons appointed under these regulations.  REGULATION 05: METHOD OF RECRUITMENT-The method of recruitment to the posts belonging to the Scientific Cadre, scale of pay, age limit, qualifications and other matters relating thereto shall be as specified in the First Schedule: Provided that in case of deputation, the period of such deputation shall not ordinarily exceed three years, but in exceptional cases the maximum period of deputation shall be five years, in which case the deputation allowance shall be admissible only for the first four years of deputation: Provided further that vacancies required to be filled by promotion may be filled by direct recruitment when no officer is eligible or found suitable for promotion.  REGULATION 06: DIRECT RECRUITMENT OF ASSISTANT DIRECTOR/SYSTEM SCIENTIST --A-

Page 73: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(1) Direct recruitment to the post of Assistant Director/System Scientist-A shall be made by competitive examination in the manner laid down in sub-regulation (2).(2)(a) Vacancies of Assistant Director/System Scientist-A shall be advertised on all- India basis in the leading newspapers giving, among others, full information regarding number of posts, their disciplinewise break-up, reservation for Scheduled Castes and Scheduled Tribes, prescribed qualifications and age requirement.(b) Candidates possessing a minimum qualification of University Degree in Engineering or Technology or a Post-Graduate Degree in Natural Sciences or equivalent with not less than sixty per cent. Marks (fifty per cent. for Scheduled Castes and Scheduled Tribes) and between twenty-one and twenty-seven years of age shall be eligible for the post: Provided that the upper age limit may be relaxed in case of officers and the employees of the Bureau and in respect of such categories of persons as may, from time to time, be notified in this behalf by the Central Government to the extent and subject to the conditions notified in respect of each category.(c) A written examination shall be conducted by the Bureau through a professional institution or agency on dates and at places to be decided by the Director-General.(d) The number of candidates to be called for interview shall not be more than four times the number of vacancies advertised in the respective disciplines in order of merit from among those who have secured at least fifty per cent. marks in the written examination.(e) Candidates shall be selected discipline-wise on the basis of merit as determined by the aggregate marks obtained by giving equal weightage to written examination and interview.(f) The candidates belonging to any of the Scheduled Castes or the Scheduled Tribes may, to the extent the number of vacancies reserved for the Scheduled Castes and the Scheduled Tribes cannot be filled on the basis of the criteria laid down in Cls. (c), (d) and (c) of sub-regulation (2), be selected by giving relaxation to make up the deficiency in the reserved quota, subject to suitability of these candidates for selection.(g) A candidate, on appointment to the post of Assistant Director/System Scientist-A through competitive examination, shall furnish a surety bond in the form specified by the Bureau, for serving the Bureau for a minimum period of three years. If he decides to leave the service either by resignation or absence from service without permission earlier than three years from the date of employment, he shall be required to reimburse the Bureau six months' emoluments at the rate last drawn by him unless he has worked for a shorter period in which case he shall be required to reimburse the full amount drawn by him.(3)(a) Notwithstanding anything contained in sub-regulation (1), the Executive Committee may decide to fill by selection such number of existing vacancies in the post of Assistant Director/System Scientist-A, as considered necessary, to meet any exigency of work.

Page 74: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(b) These vacancies shall be advertised on all-India basis in the leading newspapers giving, among others, full information about number of posts, their discipline-wise break-up, reservation for Scheduled Castes and Scheduled Tribes, prescribed qualifications, experience and the age requirement.(c) Candidates possessing a University Degree in Engineering of Technology or a Post-Graduate Degree in Natural Sciences or equivalent with not less than sixty per cent. marks fifty per cent. For Scheduled Castes and Scheduled Tribe candidates and practical experience of at least three years shall be eligible for the post. The age requirement shall be not more than thirty years: Provided that the upper age limit and experience may be relaxed in case the departmental candidates and in respect of such categories of persons as may from time to time be notified in this behalf by the Central Government to the extent and subject to the conditions notified in respect of each category.(d) Candidates who fulfil the prescribed requirements and reapproved by the Screening Committee under regulation 8-shall be called for selection which shall include interview or written test and interview.(e) Candidates shall be selected discipline-wise on the basis of merit as determined by the selection referred to in Cl. (d).(f) The candidates belonging to any of the Scheduled Castes or the Scheduled Tribes may, to the extent the number of vacancies reserved for the Scheduled Castes and the Scheduled Tribes cannot be filled on the basis of the criteria laid own in Cl. (c), be selected by giving relaxation to make up the deficiency in the reserved quota, subject to suitability of these candidates for selection.(4) The candidates appointed under this regulation shall be on probation for a period of two years during which the Director-General shall arrange to give them such training and responsibilities as deemed necessary and prescribe departmental examination or examinations to be passed for successful completion of probation. Other conditions of probation is given in Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988 shall apply.  REGULATION 07: DIRECT RECRUITMENT BY SELECTION TO OTHER POSTS-(1) Vacancies shall be advertised in the leading newspapers giving, among others, full information regarding number of posts, reservation for the Scheduled Castes and the Scheduled Tribes, prescribed qualifications, age limit and experience.(2) Candidates possessing the prescribed qualifications, experience and age limit shall be eligible for the post: Provided that upper age limit may be relaxed in case of the officers and

Page 75: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

employees of the Bureau and in respect of such categories of persons as may, from time to time, be notified in this behalf by the Central Government to the extent and subject to the conditions notified in respect of each category.(3) Candidates who fulfil the prescribed requirements and are approved by the Screening Committee under regulation 8-shall be called for selection.(4) The candidates belonging to any of the Scheduled Castes or the Scheduled Tribes may, to the extent the number of vacancies reserved for the Scheduled Castes and the Scheduled Tribes, cannot be filled on the basis of the criteria laid down in sub-regulation (3), be selected by giving relaxation to make up the deficiency in the reserved quota, subject to suitability of these candidates for selection.(5) It shall be permissible to draw a reserved list of successful candidates for filling vacancies which shall remain valid for a period of one year from date such list is drawn.(6) The probation and other terms and conditions of probation of candidates so appointed shall be in accordance with the Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations, 1988.  REGULATION 08: SCREENING COMMITTEE-Applications received in response to the advertisement for posts to be filled by direct recruitment by selection shall be got screened by the Director-General by the Screening Committee consisting of the Director-General, one of the nominees of the Executive Committee on the Standing Staff Committee and an Officer of the Bureau to be nominated by the Director-General. The candidates approved by the Screening Committee shall be called for selection.  REGULATION 09: PROMOTION TO THE POSTS UPTO SYSTEM SCIENTIST—E DIRECTOR (SECTION GRADE)-(1) The selection for promotions shall be made from amongst the Scientific Cadre Officers serving in the next lower grade by the Standing Staff Committee or Selection Committee-A, as the case may be, on the recommendation of the Assessment Committee appointed by the Director-General under sub-regulation (3). Selection of Officers for promotion shall be made on the basis of assessment procedure as laid down by the Executive Committee which shall take into account qualifications, performance, merit, seniority, potential, annual confidential reports for previous five years and interview.(2) The promotion of selected officers to next higher grade upto the System Scientist- B shall be made in the same manner as laid down in the Scheme of Flexible Complementing

Page 76: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

formulated from time to time by the Department of Science and Technology for promotion of Scientists in scientific organisations under the Central Government and shall be effective from the date of eligibility.(3)(a) Director-General shall constitute two Assessment Committees as follows:(i) for assessment for promotion of System Scientist-A to System Scientist-B and System Scientist-B to System Scientist-C;(ii) for assessment for promotion of System Scientist-C to System Scientist-D and System Scientist-D to System Scientist-E.1[(b) Each Committee shall consist of the following members, namely:(i) a Chairman to be nominated by the Director-General.(ii) one officer from the Bureau of Indian Standards not below the rank of Deputy Director-General; and(iii) two experts from outside of whom one shall belong to the Scheduled Caste or Scheduled Tribe category.]  REGULATION 10: PROMOTION TO THE POST OF DEPUTY DIRECTOR GENERAL AND ADDITIONAL DIRECTOR DIRECTOR--GENERAL-Promotion to the posts of Deputy Director-General and Additional Director-General of the Bureau shall be made from amongst the Scientific Cadre Officers serving in the next lower grade by the Standing Staff Committee in accordance with the procedure laid down by the Executive Committee which shall take into account, among other things, the field experience of eligible officers and recommend the order in which the promotions may be made.  REGULATION 11: CATEGORIES OF POSTS AND THEIR AUTHORISED STRENGTH-The categories of posts and their authorised strength shall be such as may be determined from time to time by the Executive Committee with the approval of the Central Government. The cadre strength shall specify the number of posts to be covered under System Scientists A, B, C, D and E as a whole and separately for Deputy Director-General and Additional Director-General. The categories of posts and their authorised strength as on the 30th September, 1987 are given in the First Schedule.  REGULATION 12: POWER TO RELAX-Where the Executive Committee is of the opinion that it is necessary or expedient so to do, it

Page 77: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

may, for reasons to be recorded in writing, relax any of the provisions of these regulations in respect of any class or category of persons.  REGULATION 13: SAVING-Nothing in these regulations shall affect reservations, relaxations of age limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Ex-servicemen and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.  REGULATION 14: INTERPRETATION-If any question relating to interpretation of these regulations arises, it shall be decided by the Executive Committee. 

BUREAU OF INDIAN STANDARDS (TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES)

REGULATIONS, 1988G.S.R. 34 (E), dated the 15th January, 1988.1-In exercise of the powers conferred bySec. 38 of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Executive Committee of the Bureau of Indian Standards with the previous approval of the Central Government, hereby makes the following regulations, namely:  CHAPTER 01: PRELIMINARY REGULATION 01: SHORT TITLE AND COMMENCEMENT- (1) These regulations may be called the Bureau of Indian Standards (Terms and Conditions of Service of Employees) Regulations 1988.(2) They shall come into force on the date of their publication in the Official Gazette.  REGULATION 02: DEFINITIONS-In these regulations, unless the context otherwise requires,-(a) "Act" means the Bureau of Indian Standards Act, 1986:(b) "Appointing Authority" means the Director-General or any other Officer not below the rank of a Director to whom the power of appointment may be delegated by the Director-General;

Page 78: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(c) "Employees" means officers and employees in the whole time service of the Bureau but does not include a person employed on daily wages;(d) "post" means a post under the Bureau;(e) "rules" means the Bureau of Indian Standards Rules, 1987;(f) "Schedule" means the Schedule appended to these regulations;(g) "service" means service under the Bureau;(h) "Scientific Cadre" means the service cadre of Group 'A' officers appointed to posts specified in the Bureau of Indian Standards (Recruitment to Scientific Cadre) Regulations, 1988;(i) the words and expressions used in these regulations and not defined but defined in the Act or the rules shall have the meanings respectively assigned to them in the Act or the rules, as the case may be.  REGULATION 03: APPLICATION- The terms and conditions of service as laid down in these regulations shall be applicable to the employees of the Bureau: Provided that an employee whose services are obtained on deputation by the Bureau shall be governed by the terms and conditions as prescribed by the Central Government for its employees in this behalf subject to the approval of the Central Government in case of any deviation:Provided further that a person appointed on contract or on tenure basis shall be governed by such terms and conditions as may be decided by the Director-General with the approval of the Executive Committee.  CHAPTER 02: TERMS AND CONDITIONS OF SERVICE OF EMPLOYEES REGULATION 04: CLASSIFICATION OF POSTS-The posts in the Bureau shall be classified into Group 'A', Group 'B', Group 'C' and Group 'D' as per the Central Civil Services (Classification Control and Appeal) Rules, 1965.  REGULATION 05: APPOINTMENTS- (1) No person shall be eligible for initial appointment to any post, unless -(a) he has attained the age of eighteen years; and(b) he is a citizen of India or belongs to such category of persons as may be eligible for appointment under the Central Government.(2) No persons shall be initially appointed to a post by direct recruitment on whole time basis

Page 79: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

for a period exceeding three months, unless he produces amedical certificate of fitness. The standard of physical fitness and the competent medical authorities to examine the fitness of the candidates for such appointment shall be determined by the Director- General for each group of posts on the basis of the practice prevailing in the Central Government from time to time.(3) The appointing authority shall satisfy himself that the character and antecedents of a candidate selected for first appointment in the Bureau are such as do not render him unsuitable for appointment Procedure to be followed in this behalf shall be determined by the Director-General on the basis of instructions issued by the Central Government from time to time.(4) No person,-(a) who has entered into or contracted a marriage with a person having spouse living, or(b) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to any post: Provided that the Director-General may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage, and that there are other grounds for so doing, exempt any person from the operation of this sub-regulation.(5) Appointments to various categories of posts shall be subject to such reservation and other concessions including relaxation of age limit, for the Scheduled Castes, the Scheduled Tribes, ex-servicemen, physically handicapped persons or any other category of person as may be specified by the Central Government from time to time in this regard.(6) The appointment to the posts shall be subject to such other conditions as may be specified in the respective recruitment regulations.  REGULATION 06: APPOINTING AUTHORITY- (1) Appointments to all posts shall be made be the appointing authority on the recommendation of the Selection Committees as follows:(a) Standing Staff Committee for Group 'A' posts carrying a scale of pay maximum of which exceeds Rs.5000;(b) Selection Committee 'A' for Group 'A' posts carrying scale of pay maximum of which does not exceed Rs. 5000;(c) Selection Committee 'B' for post in Group 'B'(d) Selection Committee 'C' for posts in Group 'C';(e) Selection Committee 'D' for posts in Group 'D' ;(f) Ad-hoc Selection Committees for direct recruitment to posts to Group 'B', Group 'C' and Group 'D' at Regional Branch and Inspection Offices: Provided that appointments to all posts carrying a scale of pay maximum of which exceeds Rs. 4500 shall be with the approval of the Central Government:Provided further that the officiating appointments may be made by the appointing authority

Page 80: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

without recommendation of the appropriate Selection Committee subject to conditions specified for such appointments in the Schedule appended to the Bureau of Indian Standards (Powers of Duties of Director-General), Regulations, 1987.(2) Recommendations of Selection Committees and Ad-hoc Selection Committees referred to in Cls. (c), (d), (e) and (f) of sub-regulation (1) shall be submitted to the Director-General for approval.  REGULATION 07: COMPOSITION OF SELECTION COMMITTEES- (1) The Standing Staff Committee shall consist of the following members, namely :-(i) Director-General, who shall be the Chairman of the Committee;(ii) Representative of the Ministry of Finance on the Bureau ;(iii) a representative of the Ministry or Department of the Central Government having administrative control of the Bureau;(iv) two members of the Executive Committee to be nominated by it every year,(v) one or more specialists to be co-opted by the Director-General.(2) The Selection Committee 'A' shall consist of the following members, namely :(i) Director-General, who shall be the Chairman of the Committee;(ii) Additional Directors) General of the Bureau;(iii) a nominee of the Ministry or Department of the Central Government having administrative control of the Bureau:(iv) Officer-in-charge of the Personnel Department in the Bureau: and(v) one or more specialists to be co-opted by the Director-General.(3) Selection Committee 'B'. Selection Committee 'C' and Selection Committee 'D' may be appointed by the Director-General consisting of five persons including a Chairman in each case.Composition of these Selection Committees shall be reviewed by the Director-General every year.(4) Ad-hoc Selection Committees may be appointed by the Director-General consisting of such number of persons as he may consider necessary. Composition of the Ad-hoc Selection Committees shall be reviewed by the Director-General every year.  REGULATION 08: CREATION OF POSTS-The Executive Committee may create from time to time such number of posts as it may consider necessary with the approval of the Central Government.  

Page 81: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

REGULATION 09: PROBATION- (1) Every person appointed to a post by direct recruitment shall be on probation for a period of two years : Provided that direct recruits to post carrying a pay scale the minimum of which is Rs. 5000 or above or to posts for which the age of entry is thirty-five years or above and where no training is involved, shall be on probation for a period of one year only : Provided further that persons who are inducted into a new service through promotion shall also be placed on probation for two years, but there will be no probation for a person promoted for one grade to another within the same service, except where the promotion involves a change in the Group 'B' to Group 'A', in which case the probation shall be for two years : Provided further that there will be no probation in the case of officers appointed to various posts on-(a) Contract basis:(b) deputation;(c) tenure basis;(d) permanent transfer;(e) re-employment after superannuation.(2) During the period of probation an employee recruited directly shall be liable to discharge or termination without assigning any reason by giving him a notice for one month or pay in lieu thereof.(3) On the expiry of the period of probation, steps shall be taken to obtain the assessment reports on the probationer and to-(a) confirm the probationer/issue order regarding satisfactory termination of probation, as the case may be, if the probation has been completed to the satisfaction of competent authority; or(b) extend the period of probation by not more than six months or discharge the probationer or terminate the services of the probationer, as the case may be, in accordance with the relevant rules and orders, if the. probationer has not completed the period of probation satisfactorily : Provided that if the probationer is a promotee, he shall be reverted to his former position instead of terminating his service.(4) The decision to confirm the probationer or to extend the period of probation as the case may be, shall be communicated to the probationer normally within eight weeks. However, confirmation of the probationer after completion of the period of probation is not automatic but is to be followed by formal orders. As long as no specific orders of confirmation or satisfactory completion of probation are issued to a probationer, such probationer shall be deemed to have continued on probation.(5) The date from which confirmation should be given effect to the date following the date of satisfactory completion of the prescribed period of probation or the extended period of probation, as the case may be, provided a permanent post is available : otherwise he shall be deemed to have completed the period of probation satisfactorily and will there- after continue in a temporary capacity until he is confirmed in a permanent post.

Page 82: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

  REGULATION 10: SENIORITY-The employees shall be governed by the General Principles for Determination of Seniority in the Central Services issued as Annexure to the Government of India, Ministry of Home Affairs O.M. No. 9-11/ 55- RPS, dated 22nd December, 1959 as amended from time to time.  REGULATION 11: CONDUCT, CONTROL AND APPEAL-Provisions of the Central Civil Services (Conduct) Rules, 1964, and the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as amended from time to time, shall be applicable to the employees of the Bureau in the matter of conduct and discipline: Provided that in the case of the Conduct Rules, the prescribed authority shall be the Executive Committee or any other authority to whom such powers may be delegated by the Executive Committee: Provided further that under the Classification, Control and Appeal Rules, the disciplinary authority shall be the appointing authority or any other authority to whom such powers may be delegated and the appellate authority shall be the Executive Committee or any other authority to whom such powers may be delegated.  REGULATION 12: TERMINATION OF SERVICE-The conditions for termination of service shall be the same as applicable to employees of the Central Government.  REGULATION 13: RETIREMENT-The employees of the Bureau shall be governed by the Retirement Rules as applicable to the Central Government employees : Provided that officers belonging to the Scientific Cadre shall retire at the age of sixty years.  REGULATION 14: PAY AND ALLOWANCES- (1) The scales of pay attached to the posts shall be as set out in the Schedule.(2) The fixation of pay, grant of increment, joining time and connected matters shall be governed by the same provisions as applicable to employees of the Central Government.(3) Dearness Allowance, House Rent Allowance, City Compensatory Allowance, Overtime Allowance and other special compensatory allowances shall be the same as applicable to the employees of the Central Government except for such modifications as may be made by the

Page 83: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

Executive Committee with the approval of the Central Government.(4) Travelling allowance shall be the same as admissible to the Central Government employees:Provided that the employees shall be eligible for-(a) daily allowance as follows when they do not stay in a hotel or make their own arrangements:_ ______________________________________________________________ Basic Pay 'A' Class Cities Other Cities _______________________________________________________________ Rs. Rs. Rs. 5100/-andabove 80/- 65/- 2800/- and above but less than 5100/- 75/- 60/- 1900/- and above but less than 2800/- 65/- 50/- 1400/- and above but less than 1900/- 55/- 45/- 1100/- and above but less than 1400/- 50/- 40/- Belowll00/- 35/- 25/-________________________________________________________________(b) daily allowance comprising lodging allowance and cash allowance as follows when they stay in a hotel or other establisment providing boarding and/or lodging at scheduledtariffs:________________________________________________________________________________________________________________ Lodging allowance Cash Allowance (Ceiling Rate)_____________________________________________________________________________________________________________ Basic Pay A-Class Other A-Class Other Cities Cities Cities Cities ___________________________________________________________________________________________________________________ Rs. Rs. Rs. Rs. Rs. 5100/-andabove 175/- 150/- 721/- 59/- 2800/- and above but less than 5100/- 150/- 120/- 68/- 54/- 1900/- and above but less than 2800/- 125/- 90/- 59/- 45/- 1400/-and above but less than 1900/- 80/- 65/- 50/- 41/- 1100/- and above but less than 1400/- 65/- 50/- 45/- 36/- Belowll00/- 40/- 30/- 32/- 23/-___________________________________________________________________________________________________________________-Actual expenditure on lodging subject to the ceiling rates indicated above on production of receipt.(c) actual expenditure on transport at touring stations limited to the mileage allowance admissible by rail or road as the case may be;(d) actual expenditure on transport for attending office on closed days, limited to the mileage allowance admissible;(e) per diem allowance for the duration of the foreign tours as released by the Reserve Bank of India for meetings other than the tours covered by bilateral agreements or sponsored by foreign agencies. When an employee does not stay in a hotel but makes his own arrangements, the rate of allowance will be regulated in accordance with the Travelling Allowance Rules of the Central Government and the difference between consolidated amount released by the Reserve

Page 84: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

Bank of India and the amount that is admissible shall be refunded to the Bureau in foreign exchange.  REGULATION 15: LEAVE-Employees of the Bureau shall be entitled to such leave and leave salary as admissible to the employees of the Central Government under the Central Civil Services (Leave) Rules, 1972: Provided that employees shall be entitled to encash earned leave for a period of fifteen days in a calendar year: Provided further that employees under suspension shall not be entitled to leave encashment: Provided further that employees on deputation or on contract appointment shall also not be entitled to leave encashment unless their entitlement to leave encashment is specifically provided for in their deputation/appointment terms and conditions. Explanation.-The procedure for grant of leave encashment and calculation of amount therefor shall be such as the Executive Committee may, by order, determine.  REGULATION 16: PENSION- The employees shall be governed by the Central Civil Services (Pension) Rules, 1972: Provided that the employees who had specifically elected to be governed by the Contributory Provident Fund Rules (India), 1962, immediately before the date of the commencement of these Regulations shall continue to be governed under the Contributory Provident Fund Scheme.  REGULATION 17: GENERAL PROVIDENT FUND-The General Provident Fund (Central Services) Rules, 1960 shall be applicable to employees who are covered by the Pension Scheme.  REGULATION 18: GRATUITY-Employees covered by the Contributory Provident Fund Rules (India), 1962, who have completed not less than ten years continuous service, shall be entitled to Death-cum-Retirement Gratuity on resignation, retirement or death as applicable to the Central Government employees under the Central Civil Services (Pension) Rules, 1972.  REGULATION 19: MEDICAL BENEFITS- (1) Employees covered under the Central Government Health Scheme shall be entitled to

Page 85: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

such medical benefits as extended by the Central Government under that Scheme.(2) Employees not covered under the Central Government Health Scheme shall be entitled to –(a) benefits as admissible to Central Government employees under the Central Civil Services (Medical Attendance) Rules, 1944;(b)6reimbursement of medical expenses including OPD charges if any, for treatment from registered medical practitioner or hospitals upto a monetary ceiling of two thousand rupees per annum"] Explanation.-Reimbursible expenses of medical attendance and treatment will cover charges for the items admissible under the Central Services (Medical Attendance) Rules, 1944.  REGULATION 20: BENEVOLENT FUND SCHEME-For providing relief on permanent incapacitation or death of an employee while in service, there shall be a Benevolent Fund Scheme of the Bureau as follows:(a) each employee shall make a contribution of7["Rs. 2/- per employee per month"]to theBenevolent Fund and the Bureau shall contribute to it at the rate of Rs. 2 per employee per month ;(b) on permanent incapacitation of an employee, he shall be paid8["an amount of rupees fifty thousand"]; and(c) on death of an employee during service,9["an amount of rupees fifty thousand"]shall be paid in accordance with the nomination made by the deceased in respect of his General Provident Fund accumulations and where no such nomination exists to such persons as may be eligible to receive the amount under the General Provident Fund (Central Services) Rules, 1960.  REGULATION 21: PERSONAL ACCIDENT INSURANCE SCHEME-Inspecting officers and such other employees as are engaged in or associated with testing in laboratories or performing duties considered as hazardous by the Executive Committee, shall be covered under the Personal Accident Insurance Scheme of the Life Insurance Corporation of India for the amount indicated below:______________________________________________________________________________________________  REGULATION 22: STAFF MATTERS-All staff matters requiring the approval of the Executive Committee shall, in the first instance, be referred to the Standing Staff Committee for recommendations. 

Page 86: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

 CHAPTER 03: MISCELLANEOUS REGULATION 23: SAVING-Nothing contained in these regulations shall invalidate anything done or any action taken by the Bureau or any of its officers in accordance with the procedures followed before the commencement of these regulations, if such thing or action was done or, as the case may be, taken validly.  REGULATION 24: INTERPRETATION-If any doubt arises relating to the interpretation of these regulations, it shall be referred to the Executive Committee for decision.  SCHEDULE 01: SCHEDULE(Seeregulations 2and14)_____________________________________________________________________________________________________ Sl. Classification and Designation Scale of Pay in Rupees No.____________________________________________________________________________________________________ (1) (2) (3)___________________________________________________________________________________________________ Scientific Cadre Group 'A' 1. Additional Director-General 5900-200-6700 2. Deputy Director-General 5100-150-5700 3. Director (Selection Grade)/ 4500-150-5700 System Scientist-E 4. Director/System Sciendst-D 4100-125-4850-150-5300 5. Joint Director/System Scientist-C 3700-125-4700-150- 5000 6. Deputy Director/System Scientist-B 3000-100-3500-125-4500 7. Assistant Director/System Scientist-A 2200-75-2800-E.B. -100-4000 Laboratory Technical PostsGroup 'B' 8. Technical Supervisor 2375-75-3200-EB-100-3500 9. Senior Technical Assistant 2000-60-2300-EB-75-3200 Group 'C' 10. Technical Assistant 1400-10-1600-50-2300-EB-60-2600] Administration, Finance and Other Posts Group 'A' 11. Deputy Director-General 5100-150-5700 12. Vigilance Officer 4100-125- 850-150-5300 13. Secretary/Director 3700-125-4700-150-5000 14. Officer on Special Duty (S&T) Projects 3700-125-700-150-5000 15. Deputy Director/Deputy Secretary 3000-100-3500-125-4500 16. Assistant Director/Assistant Secretary/ 2200-75-2800-EB-100-4000 Security Officer Group 'B' and Group 'C' 17. Supervisor (Drawing) 2375-75-3200-EB-100-3500 18. Reporter 2000-60-2300- EB-75-3200-100-350C 19. Section Officer 2000-60-2300-EB-75-3200-100-350C 20. Personal Assistant 2000-60-2300-EB-75-3200 21. Accountant 2000-60-2300-EB-75-3200 22. Senior Technical Assistant (Printing) 2000-60-2300-EB-75-3200 23. Senior

Page 87: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

Technical Assistant (Civil) 2000- 60-2300-EB-75-320024. Senior Technical Assistant (Editing) 2000-60-2300-EB-75-3200 25. Senior Technical Assistant (Drawing) 2000-60-2300-EB-75-3200 26. Multilith Offset Supervisor 1640-60- 2600-EB-75-2900 27. Xerox Supervisor 1640-60-2600-EB-75-2900 28. Deputy Librarian 1640-60- 2600-EB-75-2900 29. Technical Assistant (Drawing) 1400-40- 1600-50-2300-EB-60-2600 30. Assistant Librarian 1400-40- 1600-50-2300-EB-60-2600 31. Senior Proof Reader 1400-40- 1600- 50-2300-EB-60-2600 32. Stenographer 1400-40- 1600-50-2300-EB-60-2600 33. Assistant 1400- 40- 1600-50-2300-EB-60-2600 34. Artist 1400-40-1800-EB-50-2300 35. Junior Translator (Hindi) 1400-40-1800-EB-50-2300 36. Master Technician 1400-40-1800-EB-50-2300 37. Junior Engineer 1400-40-1800-EB-50-2300 38. Caretaker 1400-40-1800-EB-50-2300 39. Xerox Operator 1400- 40-1800-EB-50-2300 40. Photographer-cum-Artist 1400-40-1800-EB-50-2300 41. Receptionist 1400-40-1800-EB-50-2300 42. Library Assistant 1350-30-1440-40-1800-EB-50-2200 43 Assistant Operator 1200-30-1560-EB-40-2040 44. Senior Technician 1200-30-1560-EB-40-2040 45. Upper Division Clerk 1200-30-1560-EB-40-2040 46. Typewriter Mechanic 1200-30-1560-EB- 40-2040 47. Junior Receiptionist 1200-30-1560-EB-40-2040 48. Building Supervisor 1200-30-1560- EB-40-2040 49. Junior Stenographer 1200-30-1560-EB-40-2040 50. IBM Operator 1200-30-1560- EB-40-2040 51. Proof Reader 1200-30-1560-EB-40-2040 52. Senior Laboratory Attendant 950-20- 1150-EB-25-1500 53. Junior Operator 950-20-1150-EB-25-1500 54. Driver 950-20-1150-EB-25- 1500 55. Head Security Guard 950-20-1150-EB-25-1500 56. Key Punch Operator 950-20-1150- EB-25-1500 57. Library Clerk 950-20-1150-EB-25-1500 58. Lower Division Clerk 950-20-1150- EB-25-1500 59. Binder 950-20-1150-EB-25-1500 60. Embossing Machine Operator 950-20-1150- EB-25-1500 61. Senior Gestetner Operator 950-20-1150-EB-25-1500 62. Senior Library Attendant 950-20-1150-EB-25-1500 63. Garden Chowdhury 950-20-1150-EB-25-1500 64. Despatch Rider 950-20-1150 EB-25-1400 65. Calligraphist 950-20-1150-EB-25-1400 66. Plumber 950-20-1150- EB-25-1500 67. Carpenter 950-20-1150-EB-25-1500 68. Mistry 950-20-1150-EB-25-1500 69. Technician 950-20-1150-EB-25-1500 Group 'D' 70. Laboratory Attendant 800-15-1010-EB-20- 1150 71. Literacy Attendant 80O-15-1010-EB-20-1150 72. JuniOTGestetner Operator 800-15-1010- EB-20-1150 73. Lift Attendant 800-15-1010-EB-20-1150 74. Reconi Sorter 800-15-1010-EB-20- 1150 75. Senior Helper 775-12-955-EB-14-1025 76. BeUar 750-12-870-EB-14-940 77.SafaiKaramchari 750-12-870-EB-14-940 78. Mali 750-12-870-EB-14-940 79. Farash 750-12-870- EB-14-940 80. Security Guard/Watchman 750-12-870-EB-14-940 81. Helper 750-12-870-EB-14- 940 Selection Grades In the Laboratory Technical Posts and Administration, Finance and Other Posts, Selection Grade exist for the posts mentioned below, which are personal to the employees to whom these have been given and shall be wasted out on their promotion/retirement. Laboratory Technical Posts 82. I [Technical Assistant] 2000-60-2300-EB-75-3200 Administration, Finance and Other Posts 83. Xerox Supervisor 2000-60-2300-EB-75-3200-100-3500 84. Deputy Librarian 2000-60-2300- EB-75-3200-100-3500 85.

Page 88: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

Assistant 2000-60-2300-EB-75-3200 86. Assistant Libiarian 1640-60- 2000-EB-75-2900 87. Master Technician 1640-60-2600-EB-75-2900 88. Caretaker 1640-60-2600- EB-75-2900 89. Receptionist 1640-60-2600-EB-75-2900 90. Typewriter Mechanic 1400-40-1800- EB-50-2300 91. Driver 1200-30-1440-EB-30-1800 92. Senior Laboratory Attendant 1200-30- 1440-EB-30-1800 93. Head Security Guard 1200-30-1440-EB-30-1800 94. Calligraphist 1200-30- 1440-EB-30-1800 95. Despatch Rider 1200-30-1440-EB-30-180096. Senior Library Attendant 1200-30-1440-EB-30-180C 97. Embossing Machine Operator 1200-30-1440-EB-30-180C 98. Library Attendant 950-20-1150-EB-25-1400 99. Lift Attendant 950-20-1150-EB-25-1400____________________________________________________________________________________________________________ 

BUREAU OF INDIAN STANDARDS (REMOVAL OF DIFFICULTIES) ORDER, 1987

S.O. 277(E), dated the 1st April, 1987.1-In exercise of the power conferred bySec. 41of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Central Government hereby makes the following orders, namely;  ORDER 01: SHORT TITLE AND COMMENCEMENT-(1) This order may be called the Burea of Indian Standards (Removal of Difficulties) Order, 1987,(2) It shall come into force on the 1st day of April, 1987.  ORDER 02: EXTENSION OF TERMS AND CONDITIONS OF OFFICE AND POWERS OF THE DIRECTOR GENERAL-The terms and conditions of office and powers of the Director General of the erstwhile Indian Standards Institutions is hereby extended and the said Director General shall continue to hold office, exercise powers and discharge the function; to the Director-General for a period of sixty days hereafter or till a new Director-General is appointed underSec. 4-of the said Act, whichever is earlier. 

CEMENT (QUALITY CONTROL) ORDER, 200317th February, 2003In exercise of the powers conferred by Section 14 of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Central Government after consulting the Bureau of Indian Standards, hereby makes the following order, namely:— 

Page 89: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

 ORDER 01: SHORT TITLE AND COMMENCEMENT— (1) This order may be called the Cement (Quality Control) Order, 2003.(2) It shall come into force on the date of its publication in the Official Gazette.  ORDER 02: DEFINITIONS—In this order, unless the context otherwise requires:—(a) "Act" means theBureau of Indian Standards Act, 1986(63 of 1986);(b) "Appropriate Authority" means an officer not below the rank of an Under Secretary to the Government of India or an officer not below the rank of a General Manager, District Industries Centre of a State Government as may be appointed by the Central Government or the State Government by a notification published in the Official Gazette to implement the provisions of this order;(c) "Bureau" means the Bureau of Indian Standards;(d) "cement" means any variety of cement manufactured or sold in India and includes blast furnace slag cement, portland pozzolana cement, rapid hardening Portland cement, white portland cement, hydrophobic portland cement, ordinary portland cement, low heat portland cement, high strength ordinary portland cement, cement used for the manufacture of railway sleepers, masonry cement, oil well cement, super sulphated cement or any other variety of cement which the Central Government may, by notification in the Official Gazette, specify for the purposes of this order;(e) "dealer" in relation to cement, means a person who, or a firm or Hindu Undivided Family which, carries on directly or otherwise the business of buying, selling, supplying or distributing cement, whether in cash or for deferred payment or for commission, remuneration of other valuable consideration;(f) "manufacturer" in relation to cement, means a person who or a firm or Hindu Undivided Family which, produces, makes or manufactures cement and includes a person who, or a firm or Hindu Undivided Family which, claims such cement to he produced, made or manufactured by any such person or firm or Hindu Undivided Family, as the case may be;(g) "Specified Standard" means the Indian Standard Specification of cement prescribed by the Bureau of Indian Standards;(h) "State Government", includes a Union Territory Administration also;(i) All other words and expressions used but not defined in this order shall have the meanings respectively assigned to them in the Act.  ORDER 03: PROHIBITION REGARDING MANUFACTURE, SALE,

Page 90: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

DISTRIBUTION ETC.— (1) No person shall himself or by any person on his behalf, manufacture or store for sale, sell or distribute cement which does not conform to the Specified Standard and which do not bear the Standard Mark :Provided that the Central Government may, on an application made, permit any person to manufacture or store for sale, or sell or distribute cement without Standard Mark for a period of not exceeding one hundred and fifty days, if it is satisfied that the grant of regular Standard Mark is pending with the authorities under the Act:Provided further that the Central Government may, on an application made, grant exemption from Standard Mark, if it is satisfied that the cement manufactured and dispatched is for export purpose and is as per the Overseas Standards or as per Buyer's Specifications and do not coincide with the corresponding requirements of the Indian Standards.(2) The cement which do not conform to the Specified Standard shall be destroyed immediately within a month.  ORDER 04: OBLIGATION FOR CERTIFICATION— (1) The manufacturer of cement shall make an application to the Bureau for obtaining licence for use of the Standard Mark within forty-five days of the issue of this order, if not already obtained.(2) The grant of licence by the Bureau for use of the Standard Mark shall be as per provisions of the Act and the rules and regulations made thereunder.(3) When any person by himself or through any person on his behalf proposes to manufacture cement, he shall make an application to the Bureau before the commencement of production.(4) Information relating to expiry or cancellation of any licence or rejection of application for grant of licence by the Bureau for manufacture of one or more of the cement shall be sent to the Appropriate Authority immediately by the Bureau.  ORDER 05: POWER TO CALL FOR INFORMATION ETC.—The Appropriate Authority may, with a view to secure compliance with this order:—(1) require any person engaged in the manufacture, storage for sale, sale or distribution of cement to give such information as it deems necessary in relation to the manufacture, storage for sale, sale or distribution of cement for the implementation of this order or require any such person to furnish to it samples of such cement;(2) inspect or cause to be inspected any books or other documents or cement kept by or belonging to or in possession or under the control of any person engaged in the manufacture, storage for sale, sale or distribution of such cement;

Page 91: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(3) enter and search any premises and seize cement in respect of which it has reason to believe that a contravention of this order has been made or the said cement is not of the prescribed standard; and(4) the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizure shall, so far as may be, applied to searches and seizures under this clause.  ORDER 06: TESTING OF SAMPLES—Samples of cement bearing the Standard Mark and drawn by the Appropriate Authority, for ascertaining whether they are of the Specified Standard, shall be tested in the laboratory approved by the Bureau and in the manner as may be determined by the Bureau.  ORDER 07: POWER TO ISSUE DIRECTION TO MANUFACTURERS AND DEALERS OR SELLERS—The Appropriate Authority may issue such directions to manufacturers and dealers or sellers, consistent with the provisions of the Act or this order, as may be necessary for carrying out the purposes of this order.  ORDER 08: COMPLIANCE OF DIRECTIONS—Every person engaged in the manufacture, storage for sale, sale or distribution of any cement, to whom any direction is issued under this order shall comply with such directions.  ORDER 09: OBLIGATION TO FURNISH INFORMATION—No manufacturers or dealers shall, with intent to evade the provisions of this order, refuse to give any information lawfully demanded from him under Clause 5 or conceal, destroy, mutilate or deface any books or documents or any cement kept by, or in the possession or control of such person. 

CLINICAL THERMOMETERS (QUALITY CONTROL) ORDER, 2001

G.S.R.843(E).-In exercise of the powers conferred by Sec. 14 of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Central Government hereby makes the following order, namely:-  

Page 92: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

ORDER 01: SHORT TITLE AND COMMENCEMENT.(1) This order may be called the Clinical Thermometers (Quality Control) Order, 2001.1"(2) They shall come into force on the expiry of 300 days from the date of their publication in the Official Gazette."  ORDER 02: DEFINITIONS.In this order, unless the context otherwise requires:(a) Appropriate Authority' means Director, Legal Metrology posted underSec. 28of the Standards of Weights and Measures Act, 1976.(b) Clinical Thermometer - A medical thermometer of liquid-in-glass type provided with a maximum indicating device for measuring the temperature of human beings.Note.-Shapes and ranges of these thermometers depend on their use. (i) Solid Stem Type-The thermometers shall be of the solid-stem, mercury-in-glass type. (ii) Enclosed-Scale Type-The thermometers shall be of the enclosed- scale mercury-in- glass type.(c) Specified Standard means the following Indian Standards Specifications:(e) 'Manufactured in relation to clinical thermometer means a person or a firm or a Hindu undivided family which, produces, makes, assembles or manufactures any such clinical thermometers and includes a person or a firm or a Hindu undivided family which claims such clinical thermometers to be produced, made, assembled or manufactured by such person or firm or Hindu undivided family, as the case may be.(f) 'Dealer' in relation to clinical thermometer means a person who or a firm or a Hindu undivided family which carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such clinical thermometers, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration.(g) 'Standard Mark' means the Bureau of Indian Standards Certification Mark specified by the IS No. Title1 2IS : 3055(Part 1):1994 Clinical Thermometers : Part 1Solid Stem Type(Second Revision)IS : 3055(Part 2) :1988 Clinical Thermometers : Part 2Enclosed Scale Type(First Revision)Bureau to represent a particular Indian Standard as stated in clause 2(c) above.  ORDER 03: PROHIBITION OF MANUFACTURE, STORAGE, SALE AND

Page 93: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

DISTRIBUTION OF CLINICAL THERMOMETERS IN CONTRAVENTION OF STANDARDS SPECIFIED IN CLAUSE 2(C).(1) No person shall, by himself or by any person on his behalf, manufacture or store for sale, sell or distribute any Clinical Thermometers which do not conform to the Standards specified under clause 2(c). The clinical thermometers shall bear the Standard Mark of the Bureau on obtaining Certification marks licence.Provided that in case of export of clinical thermometer specified under clause 2(c) required by the foreign buyer, such specification shall not be less than the standards specified under clause 2(c).(2) The sub-standard or defective clinical thermometers which do not conform to the specified standard, shall be destroyed beyond use and disposed off as scrap.  ORDER 04: CERTIFICATION OF MANUFACTURERS.(1) All existing manufacturers of the Clinical Thermometers as specified in clause 2(c) shall obtain licence for use of the Standard Mark, within 180 days of the publication of this order.Explanation.-The manufacturer may apply within 60 days of the publication of this order so as to grant them the licence before this order comes into force.(2) The grant of licences by the Bureau for use of the Standard Mark shall be as per provisions under the Bureau of Indian Standards Act, 1986 and the Rules and Regulations framed, thereunder.(3) When any person by himself or by any person on his behalf proposes to manufacture Clinical Thermometers after this notification comes into force, he shall not commence regular production (except required for the purpose of inspection and testing by BIS) without obtaining a valid licence from the Bureau for use of the Standard Mark.(4) Consequent to the expiry of any licence or cancellation thereof by the Bureau for Clinical Thermometers as specified in clause 2(c) above, the Appropriate Authorities other than the Bureau shall also be informed.  ORDER 05: POWER TO CALL FOR INFORMATION ETC.The Appropriate Authority may with a view to securing compliance with this Order:(1) require any person engaged in the manufacture, storage for sale, sales or distribution of clinical thermometers as specified in clause 2(c) above to give such information as it deems necessary in relation to the manufacture, storage for sale, sale or distrutition of Clinical thermometers as specified in clause 2(c) above for the implementation of this order or require any such person to furnish to it samples of Clinical thermometers as specified in clause 2(c) above.

Page 94: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

(2) inspect or cause to be inspected any books or other documents or Clinical thermometers as specified in clause 2(c) above or belonging to or in the possession or under the control of any person engaged in the manufacture, storage for sale, sale or distribution of Clinical thermometers as specified in clause 2(c) above.(3) cause an officer authorized under paragraph (7) to enter and search any premises and seize Clinical thermometers as specified in clause 2(c) above in respect of which it has reason to believe that contravention of this Order has been committed or the said Clinical thermometers as specified in clause 2(c) above is not of the specified standard.(4) The provisions ofSec. 100of theCode of Criminal Procedure 1973(2 of 1974) relating to search and seizure shall so far as, may be, applied to searches and seizure under this clause.  ORDER 06: TESTING OF SAMPLES.Samples of Clinical thermometers as specified in clause 2(c) above bearing the Standard Mark and drawn by the Appropriate Authority, for establishing whether it is of the specified standard, shall be tested in the laboratory approved by the bureau and in the manner as determined by the Bureau.  ORDER 07: DELEGATION OF POWERS.The Appropriate Authority may by general or special order in writing authorize an officer to exercise on its behalf all or any of its functions under this order provided that no officer who is not of Gazetted rank shall be authorized by the Appropriate Authority to exercise the powers of search and seizure under clause 5(3) above.  ORDER 07: DELEGATION OF POWERS.The Appropriate Authority may by general or special order in writing authorize an officer to exercise on its behalf all or any of its functions under this order provided that no officer who is not of Gazetted rank shall be authorized by the Appropriate Authority to exercise the powers of search and seizure under clause 5(3) above.  ORDER 08: POWER TO ISSUE DIRECTION TO MANUFACTURERS AND DEALERS ETC.The Appropriate Authority may issue such directions to manufacturers and dealers, consistent with the provisions of this Order, as may be necessary in carrying out the purpose of this Order.

Page 95: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

  ORDER 09: COMPLIANCE OF DIRECTIONS.Every person engaged in the manufacture, storage for sale, sale or distribution of Clinical thermometers as specified in clause 2(c) above to whom any direction is issued under this Order, shall comply with such direction.  ORDER 10: OBLIGATORY TO FURNISH INFORMATION.No manufacturer or dealer shall with intent to evade the provisions of this Order, refuse to give any information lawfully demanded from him under paragraph 5 or conceal, destroy, multilate or deface any books or documents or Clinical thermometers as specified in clause 2(c).above kept by such person or in the possession or control of such person.  ORDER 11: FILING OF COMPLAINT.The Director, Legal Metrology or any person authorised by him in this behalf may file complaint underSec. 34of theBureau of Indian Standard Act, 1986  ORDER 12: PENALTY.Any person who contravenes the provision of clause 3 of this order shall be liable for punishment underSec. 33ofBureau of Indian Standards Act, 1986and the property in respect of which the order has been contravened, shall be liable to forfeiture.  ORDER 13: APPEAL.-(1) Any person, manufacturer or dealer aggrieved by any decision taken under this order may prefer an appeal in writing to the Central Government, within 30 days from the date of receipt by him of the copy of the order communicating such decision,Provided that the Central Government may admit any appeal after the expiry of the period aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.(2) On receipt of the appeal under sub-cl. (1) the Central Government may, after giving the appellant an opportunity of being heard, pass such order as it may deem fit.

ELECTRICAL WIRES, CABLES, APPLIANCES AND PROTECTION DEVICES AND ACCESSORIES (QUALITY

CONTROL) ORDER, 2003

Page 96: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

February 17, 2003In exercise of the powers conferred by Section 14 of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Central Government after consulting the Bureau of Indian Standards hereby makes the following order, namely:—  ORDER 01: SHORT TITLE AND COMMENCEMENT—(1) This order may be called the Electrical Wires, Cables, Appliances and Protection Devices and Accessories (Quality Control) Order, 2003.(2) In respect of items covered under Serial Numbers 1 to 7 of the Schedule, this order shall come into force with immediate effect. In respect of items covered under Serial Numbers 8 to 24 of the Schedule, this order shall come into force after a period of six months from the date of publication in the Official Gazette.  ORDER 02: DEFINITIONS—In this order, unless the context otherwise requires—(a) "Act" means the Bureau of Indian Standards Act, 1986 (63 of 1986);(b) "Appropriate Authority" means any officer not below the rank of an Under Secretary to the Government of India or an officer not below the rank of a General Manager, District Industries Centre of a State Government as may be appointed by the Central Government or the State Government by a notification published in the Official Gazette to implement the provisions of this order;(c) "Bureau" means the Bureau of Indian Standards;(d) "dealer", in relation to Electrical Wires, Cables, Appliances, Protection Devices and Accessories, means a person who, or a firm or a Hindu undivided family which, carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such electrical wires, cables, appliances, protection devices and accessories, whether in cash or for deferred payment or for commission, remuneration or other valuable consideration;(e) "electrical wires, cables, appliances, protection devices and accessories" mean the items specified in column (2) of the Schedule;(f) "manufacturer", in relation to electrical wires, cables, appliances, protection devices and accessories, means a person who, or firm or a Hindu undivided family which produces, makes, assembles or manufactures any such electrical wires, cables, appliances, protection devices and accessories and includes a person who, or a firm or Hindu undivided family which claims such electrical wires, cables, appliances, protection devices and accessories to be produced, made, assembled or manufactured by such person or firm or Hindu undivided family, as the case may

Page 97: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

be;(g) "Schedule" means the Schedule annexed to this order;(h) "Specified Standard" in relation to electrical wires, cables, appliances and protection devices and accessories means the standard as specified in the corresponding entry in column (3) of the Schedule which is in force;  ORDER 03: PROHIBITION REGARDING MANUFACTURE, STORAGE, SALE AND DISTRIBUTION ETC.— (1) No person shall by himself or through any person on his behalf manufacture or store for sale, sell or distribute any electrical wires, cables, appliances, protection devices and accessories, which do not conform to the Specified Standards and do not bear Standard Mark of the Bureau on obtaining certification marks licence :Provided that nothing in this order shall apply in relation to export of electrical wires, cables, appliances, protection devices and accessories required for export, which conform to any specification required by the foreign buyer and such specification shall not in any case be less than the Specified Standard.(2) The sub-standard or defective electrical wires, cables, appliances, protection devices and accessories or raw-material or components, which do not conform to the Specified Standard shall be deformed by the manufacturer beyond use and disposed of as scrap within three months.  ORDER 04: OBLIGATION FOR CERTIFICATION— (1) All manufacturers of electrical wires, cables, appliances, protection devices and accessories shall make an application to the Bureau for obtaining licence for use of the Standard Mark, within forty-five days of the issue of this order, if not already obtained.(2) The grant of licence by the Bureau for use of the Standard Mark shall be as per the provisions of the Act and rules and regulations made thereunder.(3) When any person by himself or through any person on his behalf proposes to manufacture electrical wires, cables, appliances, protection devices and accessories any of the Items 8 to 24 specified in column (2) of the Schedule shall commence regular production only after obtaining a valid licence from Bureau for the use of Standard Mark.(4) Consequent to the expiry of any licence or cancellation thereof by the Bureau for one or more of the electrical wires, cables, appliances, protection devices and accessories mentioned in column (2) of the Schedule, the Appropriate Authority shall also be informed of the same by the Bureau. 

Page 98: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

 ORDER 05: POWER TO CALL FOR INFORMATION, ETC.— (1) The Appropriate Authority may, with a view to securing compliance with this Order—(a) require any person engaged in the manufacture, storage for sale, sale or distribution of any electrical wires, cables, appliances, protection devices and accessories to give such information as he deems necessary relating to the manufacture, storage for sale, sale or distribution of any electrical wires, cables, appliances, protection devices and accessories for the implementation of this order or require any such person to furnish to him samples of any such electrical wires, cables, appliances, protection devices and accessories or any components of any such electrical wires, cables, appliances, protection devices and accessories.(b) inspect or cause to be inspected any books or other documents and other electrical wires, cables, appliances, protection devices and accessories or the components of any such electrical wires, cables, appliances, protection devices and accessories kept by or belonging to or in the possession or under the control of any person engaged in the manufacture, storage for sale, sale or distribution of any such electrical wires, cables, appliances, protection devices and accessories.(c) enter and search any premises and seize any electrical wires, cables, appliances, protection devices and accessories in respect of which it has reason to believe that a contravention of this order has been committed or the said electrical wires, cables, appliances, protection devices and accessories are not of the Specified | Standard.(2) The provision of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizures shall so far as may be, apply to searches and seizures under this clause.  ORDER 06: TESTING OF SAMPLES—Samples of any electrical wires, cables, appliances, protection devices and accessories bearing the Standard Mark and drawn by the Appropriate Authority, for ascertaining whether they are of the Specified Standard, shall be tested in the laboratory approved by the Bureau and in the manner as may be determined by the Bureau.  ORDER 07: POWER TO ISSUE DIRECTION TO MANUFACTURERS AND DEALERS OR SELLERS—The Appropriate Authority may issue such directions to manufacturers and dealers or sellers, consistent with the provisions of the Act or this order, as may be necessary for carrying out the purposes of this order.  

Page 99: vimalamahmoodfoundation.comvimalamahmoodfoundation.com/docs/BUREAU OF INDI… · Web viewvimalamahmoodfoundation.com

ORDER 08: COMPLIANCE OF DIRECTIONS—Every person engaged in the manufacture, storage for sale, sale or distribution of any electrical wires, cables, appliances, protection devices and accessories to whom any direction is issued under this order, shall comply with such direction.  ORDER 09: OBLIGATION TO FURNISH INFORMATION—No manufacturer or dealer shall with intent to evade the provisions of this order, refuse to give any information lawfully demanded from him under Clause 5or conceal, destroy, mutilate or deface any books or documents or any electrical wires, cables, appliances, protection devices and accessories kept by, or in the possession or control of, such person.