Analysis: The Bureau of Indian Standard Act (2016)

Introduction:

This act has been brought into force with effect from 12^th October, 2017. Majorly this act was passed to make Bureau of Indian Standard as a national standard body for the harmonious development of activities of standardization, conformity assessment, and quality assurance of goods, articles, processes, systems, and services and for matters connected therewith or incidental thereto.

Background

Before this act, there was no presence of a national body for the Indian standard. So many bodies work for certification of many different types of articles, goods, and services. But recently in the age of globalization as the world becomes one large market. There was a need for some measures of a standard that must be maintained. A centralized governing body which helps to maintain the required standard. In the 1950s there was the presence of INDIAN STANDARDS INSTITUTIONS. Also known as ISI mark which was later given to the Bureau of Indian Standards; in the year 1987 bypassing the act of the bureau of Indian standard act 1987. But this act didn’t make BIS(Bureau of Indian Standard) as the national body for standards.

Important Definitions

Section 2 of this act provides important definitions:

1. Hallmark: Section 2(16) says about the definition of hallmark which tells about the proportionate content of precious metal. That is present in the article and whether it rallies with the Indian standards which are given by BIS.
2. Indian Standards: Sections 2(17) describes the Indian standard as any standard. It is establish and publish by the BIS, in the relation of any goods, article. Also services are Indian standard and manufacturers and service provider has to maintain these criteria for specific services. Also goods which are being essential by government.
3. License: Section 2(20) tells that the license for the standard mark is provide by BIS to manufacturers. Service providers who follow the standard made by BIS.
4. Standard: Section 20(39) describes the meaning of standard here standard are the agreements and norms containing technical specifications and a precise criterion which have to be follow to get license and certifications from BIS.
5. Standard Mark: Section 2(49) says this mark is give by BIS to the manufacturers and service providers who obtain the license from BIS, it tells consumers that the products are following Indian standards.

Need of Bureau of Indian Standard

Sections 3 of this act establishes BIS as the national institution for Indian standards. But the question arises that why there is a need for Indian standards? As previously state that in the age of globalization we need to maintain some type of standard. So that our products can fulfill the world standard this body surely meant to maintain our goods for these regulations.

There is also benefit of the consumers as by seeing the standard mark. They will get to know that these products follow the standards; which are beneficial as well as hallmarks given by the BIS in precious metals. It will also assure that the consumer is getting the product for which the amount they are paying. As well as it is beneficial for jewelers as they can easily purchase metal; by seeing hallmark which will make a relation of trust between jeweler and seller. It safeguards the public interest and also helps manufacturers to compete in the global market.

Structure and Powers of Bureau of Indian Standard

Section 3 of the act says about the formation of BIS as the national body and also describes its structure which is the body corporate and formation of the general council for its management, supreme superintendence, and direction.

General council consists of:

• Minister-in-charge of the ministry or department of central government having administrative power who shall be ex officio president of the bureau.
• Minister of state of central government who shall be ex officio Vice president of the bureau
• Director general of the bureau have to appointed by the central government

Powers of the bureau:

• Bureau can issue a self declaration of conformity this means giving the license to the manufacturers and service providers. So that they can mark their products with the standard mark. It was given certified product which is beneficial for both consumers as well as manufacturers.
• This act also gives power to the bureau to appoint authority or agency to verify products. As well as issues to see whether they are meeting standards and can also issue a certificate of conformity.
• Bureau has also to see whether the international organizations which are issuing a certificate of conformity of their standards have to be followed by a bureau or not. Also can issue conformity to issue certificates by international organizations for standards.
• Bureau also has the power to set up and give permission for the testing facilities across India for checking whether the standard followed by the manufacturers.
• It also has the power to make compulsion for the standard to be follow on certain goods and services by the manufactures and service providers for sale in India.
• Power to issue hallmarks and standard marks.
• Inspection of any goods, article, process, system, or service or of testing laboratories.
• Recognize or accredit any institution in India or outside which is engage in standardization.
• The central government has the power to direct compulsory use if the standard mark for certain goods or articles of any scheduled industry, process, system, or service as well as essential requirements to do so.
• There are many provisions in the act for the offenses in which there can be cognizable offenses jail term present. As well as huge compensation in respect of the offenses which are define in the act.

Conclusion

This act is very well draft and it was need of India to have some type in uniform Indian standards and regulation as it affects the consumer as it will make sure that the products that are in the market have fulfill the standards which will make sure manufacturers and service provided to not take advantage upon consumers by providing substandard product. It is also beneficial for the manufacturers and service providers as they can compete in the global market and their product fulfills the entire global standard. It also ensures that the government can keep a check on the product present on the market which is beneficial for the consumers.

Overall this act was much needed for modern India to compete in the global market and also keep in mind about the benefit of the consumers which is upmost.