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2. Definitions.-

In 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) "Bureau" 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 and 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 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. 1 Std. (4)/45, dated the 3rd day of September, 1946, and registered under the Societies Registration Act, 1860 (21 of 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, 1952 (36 of 1952) and is in force immediately before the date of establishment of the Bureau;

(k) "manufacturer" means 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 this 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 or 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 Standards 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) an article is said to 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.

1. 1st April, 1987, vide notification No. S.O. 272(E), dated 31st March, 1987, see Gazette of India, Extraordinary, Part II, sec. 3(ii).



Bureau of Indian Standards Act, 1986 Back




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