The Bureau of Indian Standards Act, 2016.

Summary of the Bureau of Indian Standards Act, 2016
Key Components
1. Structure and Governance
• Bureau of Indian Standards: A Body Corporate with perpetual succession.
• Governing Body Composition:
• Ex officio President (Minister in charge)
• Ex officio Vice-President (Minister of State/Deputy Minister or nominated person)
• Secretary to the Government of India (in charge of the Ministry/Department)
• Director-General of the Bureau (ex officio)
• Appointed representatives from government, industry, scientific institutions, and other interests.
• Executive Committee: Led by the Director-General, with members as prescribed.
• Advisory Committees: For financial, certification, standards, laboratory, planning, and development, among others.
2. Standards and Certification
• Indian Standards: Can be original, adopted from Indian institutions, or international standards.
• Standard Mark (Certification Mark): Specified for conformity to Indian Standards.
• Prohibitions:
• Unauthorized use of the Standard Mark.
• Use of names or marks resembling the Bureau’s without permission.
3. Functions and Powers
• Establish, Publish, and Promote Indian Standards.
• Grant, Renew, Suspend, or Cancel Licences for the Standard Mark.
• Inspect, Sample, and Enforce Conformity.
• Recognise External Standards and Institutions.
• Conduct Research for Standard Formulation.
4. Regulatory Measures
• Compulsory Use of Standard Mark: For public interest, health, and safety as directed by the Central Government.
• Prohibition on Unauthorized Use of Names/Marks resembling the Bureau’s.
• Restrictions on Registration: Of companies, trademarks, designs, or patents violating the Act.
5. Enforcement and Penalties
• Inspection and Sampling Powers.
• Penalties for Non-Compliance: Including fines and liability for harm caused.
6. Administrative and Legal Provisions
• Public Servant Status: For members, officers, and employees.
• Protection for Good Faith Actions.
• Power to Make Rules and Regulations.
• Repeal of the Bureau of Indian Standards Act, 1986, with a savings clause.

Legislative History:

The Bureau of Indian Standards Act, 2016

Short Title The Bureau of Indian Standards Act, 2016

Act Number / Year Act No. 11 of 2016

India Code Act ID 201611

Presidential Assent Date March 21, 2016

Enforcement Date October 12, 2017

Nodal Ministry Ministry of Consumer Affairs, Food and Public Distribution

Precedent & Statutory Rationale

1. Limitations of the Legacy 1986 Framework:

o Prior to 2016, standardisation, certification, and quality assurance were governed by the Bureau of Indian Standards Act, 1986. While effective for traditional industrial goods, that framework was structurally limited to goods and articles, offering little legislative flexibility to address modern services, complex industrial systems, emerging technologies, or global conformity assessment models.

2. Harmonizing Quality Control with Ease of Doing Business and Consumer Protection:

o Grounded in national economic modernization goals (such as the "Make in India" initiative), the legislation was enacted to broaden the mandate of the national standards body. It aimed to curb substandard imports, streamline compliance procedures for manufacturers, mandate precious metal hallmarking, and safeguard consumer health, safety, and the environment.

Parliamentary Trajectory & Enactment

• Formulation: Developed and piloted by the Department of Consumer Affairs under the Ministry of Consumer Affairs, Food and Public Distribution.

• Parliamentary Passage: Introduced as the Bureau of Indian Standards Bill, 2015, in the Lok Sabha on August 7, 2015; reviewed by parliamentary committees; and subsequently passed by the Lok Sabha and later by the Rajya Sabha on March 8, 2016.

• Presidential Assent: Received formal Presidential Assent on March 21, 2016, entering the statute book as Act No. 11 of 2016.

• Enforcement: Enforced on October 12, 2017.

• Source: India Code and Ministry of Consumer Affairs, Food and Public Distribution Official Records