1. 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 date of their publication in the Official Gazette.

2. Definitions. (1) 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 sub-section (1) of Section 5;

(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 Section 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) licensee 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.

THE BUREAU AND ITS ACTIVITIES

3. Constitution of the Bureau. (1) The Bureau shall consist of following members, namely:

(a) the Minister in charge of the Ministry of 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 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 the Bureau ex officio;

(e) four members of Parliament three from Lok Sabha and one from Rajya Sabha;

(f) twenty-four persons representing the Ministries and Departments of the Central Government dealing with important subjects of interest to the Bureau;

(g) thirty-one representatives one from each State Government and Government of each Union territory;

(h) ten persons representing consumers, representatives of recognized consumer organizations and persons capable of representing consumer interests;

(i) two persons representing farmers or representatives of farmers' association;

(j) thirty persons representing the industry and trade and their associations, public sector enterprises and small scale sector;

(k) ten persons representing the scientific and research institutions;

(l) ten persons representing the technical, educational and professional organizations;

(m) Chairman of the Advisory Committees.

(2) The Bureau may, on the recommendation of the Director-General, associate persons 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.

4. Term of Office of Members. (1) Members appointed under clause (e) to clause (m) of sub-rule (1) of Rule 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) of Rule 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 to fill the vacancy by making an appointment from amongst the category of persons to 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 member:

Provided that no member shall be removed on the ground that he has become subject of the disqualification mentioned under clause (e) of sub-rule (4) of unless he has been given a reasonable opportunity of being heard in the matter.

5. Proceedings of the Bureau. (1) The President, or in his absence the Vice-President, shall preside at the meetings 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 member presiding over such meeting shall in addition have a casting vote.

(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.

6. 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 member of the Bureau, with the prior approval of the Central Government.

(3) The members of the Executive Committee appointed and 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 to fill that vacancy 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 member, 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.

POWERS AND FUNCTIONS OF THE BUREAU

7. 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 as may be necessary standards so established by a process of consultation with consumers, manufacturers, technologists scientists and officials through duly constituted committees as provided in the regulations. The procedure employed in establishing the standard shall also be designed to ensure that concerned interests in addition to the members of the Committees of the Bureau have the opportunity to put forward 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 established under the provisions of the Act, the Rules and the Regulations.

(b) All standards as established under clause (a), their revisions, amendments and cancellations shall be notified in the Official Gazette along with the date of establishment or cancellation.

(c) The Director-General may, however, tentatively modify such of the provisions of an Indian Standards as in his view are necessary for expeditious fulfilment of the objectives of the Act.

Provided that within six months of such actions, concurrence of the concerned Committee is duly obtained.

(2) 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.

(3) Standards Promotion. The Bureau may promote Standardization and adoption of Indian Standards by consumers, commerce, industry, Government and other interests through

(i) coordination with other bodies formulating and using standards in the country;

(ii) State-level implementation set-ups;

(iii) Strengthening national information system on technical regulations, national and international standards and associated certification and approval schemes;

(iv) education in standardization and quality systems;

(v) training and consultancy services in standardization, quality systems, setting up of laboratories, testing and other related activities on such terms and conditions as may be mutually agreed upon; and

(vi) such other means as may be decided from time to time.

8. Recognition of Other Standards as Indian Standards. (1) The Bureau may, in relation to any article or process, recognize any standard established by any other Institution in India or elsewhere as an Indian Standard with such modifications as may be necessary in accordance with the procedure laid down in the Regulations:

Provided that any standard recognized by the Indian Standards Institution at any time before the date on which the Act, the Rules and the Regulations come into force shall be deemed to have been recognized under the provision of the Act, the Rules and the Regulations.

(2) Recognized Indian Standards shall also be made available for sale.

(3) All such recognized standards shall be notified in the Official Gazette.

9. Standards 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.

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 recognize 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 ceases to fulfil any conditions laid down at the time of recognition, it shall be liable to be de-recognized by the Bureau. The guidelines for recognition and de-recognition of laboratories shall be laid down by the Bureau.

(b) Register of Recognized Laboratories. The Bureau shall cause to maintain a register of such laboratories as are recognized by it for testing samples of articles or processes in relation to the relevant Indian Standards.

11. Appointment of Agents. (1) Bureau may appoint any person or laboratory or organisation in India or outside India as their agents to act on their behalf for discharging any one or more of the following functions:

(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.

12. Inspection of article or process when Standard Mark or conformity to Indian Standard is required by the Act or under any other Law. (1) The Bureau may, in terms of provisions of Section 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 authorized 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 inspections 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.

13. Other Functions of the Bureau. The Bureau under clause (P) of sub-section (1) of Section 10 may, also

(a) formulate, implement and coordinate activities relating to quality maintenance and improvement in products and processes;

(b) promote harmonious development in standardization, quality systems and certification, and matter connected therewith both within the country and at international level;

(c) provide information, documentation and other services to consumers and recognized consumer organizations 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 authorized on such terms and conditions as may be mutually agreed upon;

(g) perform such other functions as may be conducive to the interests of the Bureau.

14. Exemption from Prohibition to use certain names, etc. (1) The Bureau may exempt name, mark or trade mark, referred to in Section 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 of trade mark under sub-rule (1) may make an application to the Bureau in Form I.

(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).

LICENCE

15. Licence. The manner of grant, renewal, suspension and cancellation of licence shall be as determined by Regulation.

16. Appeals against Decisions of the Bureau. (1) An appeal under Section 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.

FINANCE, ACCOUNTS AND AUDIT

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 Government 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.

18. Annual Report. (1) The Bureau shall prepare its annual report and forward it to the Central Government within 9 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 activities 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 format given in Form II or as nearer thereto as the circumstances admit.

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 accounts 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) Schedule 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 incharge of Accounts and the Director General.

MISCELLANEOUS

20. Inspecting Officers. (1) The Bureau shall designate such of the officers of the Bureau as Inspecting Officers under sub-section (1) of Section 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 imported on him by or under the Act.

21. Powers of Inspecting Officer. For the purpose of performing the duties imposed on him by or under Section 25 and Section 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 Section 11 or Section 12 of the Act as provided in Section 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 Section 11 or Section 12 of the Act has taken place, seize such articles and any other things as provided in Section 26 and in accordance with the procedure laid down in the Regulations.

FORM I

(See Rule 14)

To

The Director General,

Bureau of Indian Standards

I. *I/We carrying on business at . . . . . . . . . . . . . . . . . . (full business address) under the style of . . . . . . . . . . . . . . . . . . (full name) hereby apply for exemption from prohibition under Section 12 of Bureau of Indian Standards Act, 1986, in respect of name/mark/trade mark detailed below of which I/We am/are the proprietor(s). Complete information in regard to its use is furnished as required.

(1) Name/mark/trade mark* in respect of which exemption is sought.

(2) Whether registered.

(3) Date of registration and registration number.

(4) Authority with whom registered.

(5) Since when the name/mark/trade mark* has been in actual use by the applicant.

(6) The article(s) in relation to which the name/mark/trade mark* is used.

(7) Claim for distinctiveness of the name/mark/trade mark.*

(8) Full particulars about the nature of business of the appellant.

(9) Any other remarks.

2. *I/We declare that the information given above is to the best of my/our knowledge true, and in support of it *I/We attach the following documentary evidence.

List of documents enclosed.

Dated this . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . . 19

Signature. . . . . . . . . . . . . . . . . . . . . . . . . . .

Name. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Designation. . . . . . . . . . . . . . . . . . . . . . . . .

for and on behalf of. . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Note. Separate applications shall be made for each name/mark/trade mark.

*Strike out one not applicable.

FORM II

(See Rule 18)

DIRECTOR GENERAL'S REPORT

FORMULATION OF STANDARDS

CERTIFICATION AND QUALITY ASSURANCE

LABORATORIES

PROMOTIONAL ACTIVITIES

REGIONAL AND BRANCH OFFICES

INTERNATIONAL COOPERATION

PLAN PROJECTS

PERSONNEL MANAGEMENT

OTHER RELATED ACTIVITIES

FINANCES

ANNUAL ACCOUNTS AND AUDITED REPORTS

FORM III

(See Rule 19)

1. Indian Standards

2. Calculation Aids and Binders

3. Overseas Publications (Commission)

Total

Schedule B Other Income

1. CGHS Contribution

2. Training Fees

3. Interest from House Building Loan

4. Miscellaneous

(a) Other Sources (refer Section 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

Schedule D Retirement Benefits

Contributions to:

1. Provident Fund

2. Pension Fund

3. Gratuity Fund

Schedule E Other Staff Benefits

1. CGHS & other Medical benefits

2. Staff Welfare

3. Leave Travel Concession

Schedule F Travelling Expenses

1. Overseas

2. Officers & Staff

3. Committee Members

Schedule G Subscription to International

Organizations

International Standards Organization

International Electrotechnical Commission

Schedule H Production

Standards

Bulletin

Calculation aids and Binders

Other Publications

Schedule I Testing

Testing fees paid to outside Laboratories

Laboratory Apparatus & Stores

Market Samples

Schedule J Publicity

Exhibition

Advertising

Miscellaneous

Conferences

Schedule K Office Expenses

Stationery

Postage

Telephone & Telex

Recruitment

Refreshment and Entertainment

Liveries

Freight and Cartage

Insurance and Bank charges

Miscellaneous

Rent & Taxes

Electricity & Water

Schedule L Repairs & Maintenance

Furniture and Equipment

Building

Vehicles

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 IV

(See Rule 19)

As per last Balance Sheet

Additional Cost of assets capitalized

(See Schedule B)

Add/Less

(i) Excess of Income over Expenditure

or vice versa

(ii) Adjustment of unutilised Government Grant

(iii) Capital investments written off.

Schedule O Reserves and Funds

FORM V

(See Rule 20)

Certificate 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 . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature of Inspecting Officer.

1. Vide Noti. No. G.S.R. 361(E), dated March 31, 1987, published in the Gaz. of India, Extra., Pt. II, S. 3(i), dated 1st April, 1987, pp. 14-26.