Introduction

The Bureau of Indian Standards Act, 2016, (hereinafter referred to as the “Act”) was notified on March 22, 2016. In furtherance to the notification, the Ministry of Consumer Affairs, Food and Public Distribution (hereinafter referred to as the “Ministry”), vide notification number S.O.3295(E) has brought the Act in force with effect from October 12, 2017.

Further, the Ministry, vide notification no. G.S.R. 1266(E). dated October 13, 2017, has notified the Bureau of Indian Standard Rules, 2017 (hereinafter referred to as the “Rules”).  These Rules have been notified in supersession of the Bureau of Indian Standards Rules, 1987, except Chapter IV A mentioned herein, and the Bureau of Indian Standards (Appointment, Terms and Conditions of Service of Director General) Rules, 1987.

Indian Standards

"Indian Standard" means the standard including any tentative or provisional standard established and published by the Bureau of India Standards (hereinafter referred to as “BIS”), in relation to any goods, article, process, system or service, indicative of the quality and specification of such goods, article, process, system or service. Indian Standard includes

  1. Any standard adopted by the Bureau
  2. Any standard established and published, or recognised, by the Bureau established under the Bureau of Indian Standard Act, 1986, which was in force immediately before the commencement of the Act;

Establishment of Indian Standards

According to the Rules, the Bureau shall establish Indian Standards in relation to any goods, article, process, system or service and shall reaffirm, amend, revise or withdraw Indian Standards so established as may be necessary. If a standard is being established on the request of the Central Government or the regulator, which is emerging from or has an impact on national policy, the Central Government or the concerned regulator shall be consulted to ensure that the standard is consistent with such policy.

Adoption of other Standards as Indian Standards

The Bureau may, in relation to any goods, article, process, system or service, adopt any standard established by any other institution in India or outside India as an Indian Standard with necessary modifications.

Approval from Bureau to use certain names/ marks

The Bureau prohibits, without its permission, use of the following to deceive or likely to deceive the public[1]-

  1. any name which so nearly resembles the name of the Bureau as to deceive the public or the name which contains the expression "Indian Standard" or any abbreviation.
  2. any title of any patent or mark or trade mark or design, in relation to any goods, article, process, system or service, containing the expressions "Indian Standard" or "Indian Standard Specification" or any abbreviation of such expressions.

However, if any person uses any such name or mark without the previous approval of the Bureau shall make an application to the Bureau for permission to the use thereof, within a period of six months from the date of notification of these Rules and the Bureau may grant permission to such name, mark or trade mark, etc.