[Repealed
by Act 63 of 1986, Section 42 (w.e.f. 1-4-1987).] An Act to provide for the
standardisation and marking of goods Be it enacted by Parliament
as follows:- (1)
This Act may be called the Indian Standards
Institution (Certification Marks) Act, 1952. (2)
It extends to the whole of India [1][*
* *]. (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)
?covering? includes any stopper, cask,
bottle, vessel, box, crate, cover, capsule, case, frame, wrapper or other
container; (c)
?Indian Standard? means the standard
(including any tentative or provisional standard) established and published by
the Indian Standards Institution, in relation to any article or process,
indicative of the quality and specification of such article or process [2][and
includes any standard recognised by the Institution under clause (aa) of
Section 3]; (d)
?Inspector? means an Inspector appointed
under Section 8. (e)
?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 (21of 1860); (f)
?licence? means a licence granted under this
Act to use the Indian Standards Institution Certification Mark, in relation to
any article or process which conforms to the Indian Standard; (g)
?mark? includes a device, brand, heading,
label, ticket, pictorial representation, name, signature, word, letter or
numeral or any combination thereof; (h)
?prescribed? means prescribed by rules or
regulation made under this Act; (i)
?process? includes any practice, treatment
and mode of manufacture of any article; (j)
?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 trademark or design, or to grant a
patient; (k)
?specification? means a description of an
article or process as far as practicable by reference to its nature, quality,
strength, grade, durability, origin, age, material, mode of manufacture or
other characteristics to distinguish it from any other article or process; (l)
?Standard mark? means the Indian Standards
Institution Certification Mark specified by the Indian Standards Institution to
represent a particular Indian Standard: (m)
?trade mark? means 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; (n)
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. (a)
establish and publish, in such manner as may
be prescribed, the Indian Standard in relation to any article or process; [3][(aa)
recognise as an Indian Standard, in such manner as may be prescribed, any
standard established by any other Institution in India or elsewhere, in
relation to any article or process;] (b)
specify a Standard Mark to be called the
Indian Standards Institution Certification Mark, which shall be of such design and
contain such particulars as may be prescribed to represent a particular Indian
Standard; (c)
grant, renew, suspend or cancel, in such
manner as may be prescribed, a licence for the use of the Standard Mark; (d)
levy such fees for the grant or renewal of
any licence as may be prescribed; (e)
make such inspection and take such samples of
any material or substance as may be necessary to see whether any article of
process in relation to which the Standard Mark has been used conforms to the
Indian Standard or whether the Standard Mark has been improperly used in
relation to any article or process with or without licence; (f)
do such other acts as may be prescribed. (1)
No person shall use, in relation to any
article or process, or in the title of any patent, or in any trade mark or
design the Standard Mark or any colourable imitation thereof, except under a
licence granted under this Act. (2)
No person shall, notwithstanding that he has
been granted a licence, use in relation to any article or process the Standard
Mark or any colourable imitation thereof unless such article or process
conforms to the Indian Standard. (a)
any name which so nearly resembles the name
of the Indian Standards Institution as to deceive or likely to deceive the
public or which contains the expression ?Indian Standard? or any abbreviation
thereof; or (b)
any mark or trade mark in relation to any
article or process containing the expressions ?Indian Standard? or ?Indian
Standard specification? or any abbreviation of such expressions. (1)
Notwithstanding anything contained in any law
for the time being in force, no registering authority shall- (a)
register any company, firm or other body of
persons which bears any name, or (b)
register a trade mark or design which bears
any name or mark, or (c)
grant a patent, in respect of an invention,
which bears a title containing any name or mark,if the use of such name or mark
is in contravention of Section 5 or Section 6. (2)
If any question arises before a registering
authority whether the use of any name or mark is in contravention of Section 5
or Section 6, the registering authority may refer the question to the Central
Government, whose decision thereon shall be final. (1)
The Institution may appoint as many
Inspectors as may be necessary for the purpose of inspecting whether any
article or process in relation to which the Standard Mark has been used
conforms to the Indian Standard or whether the Standard Mark has been improperly
used in relation to any article or process with or without licence, and for the
purpose of performing such other functions as may be assigned to them. (2)
Subject to any rules made under this Act, an
Inspector shall have power to- (a)
inspect any operation carried on in
connection with any article or process in relation to which the Standard Mark
has been used; (b)
take samples of any article, or of any
material or substance used in any article or process, in relation to which the
Standard Mark has been used; (c)
exercise such other powers as may be
prescribed. (3)
Every Inspector shall be furnished by the
Institution with a certificate of appointment as an Inspector, and the
certificate shall, on demand, be produced by the Inspector. (4)
[4][Every
Inspector shall be deemed to be a public servant within the meaning of Section
21 of the Indian Penal Code (45 of 1860).] Every licensee shall supply
the Institution with such information, and with such samples of any material or
substance used in relation to any article or process, as the Institution may
require. (1)
The Central Government may, in consultation
with the Institution, by notification in the Official Gazette, direct that any
power exercisable by the Institution [5][*
* *] under this Act shall, in relation to such matters and subject to such
conditions as may be specified in the direction, be exercisable also by such
authority or such organisation as may be specified in the notification
(hereinafter referred to as the ?competent authority?) (2)
For avoidance of doubts, it is hereby
declared that the Central Government may, by a like notification, withdraw the
powers delegated to a competent authority under sub-section (1). (1)
Any person aggrieved by an order passed under
clause (c) of Section 3, whether by the Institution or by a competent authority,
may prefer an appeal to the Central Government. (2)
The appeal shall be presented in such form
and manner and within such time as may be prescribed. (3)
The Central Government shall, in dealing with
appeals under this section, follow such procedure as may be prescribed. Any information obtained by
an Inspector, competent authority, or the Institution from any statement made
or information supplied or in any evidence given or from inspection, made under
the provisions of this Act shall be treated as confidential : Provided that nothing in
this section shall apply to the disclosure of any information for the purpose
of prosecution under this Act. (1)
Any person who contravenes the provisions of
Section 5 or Section 6 shall be punishable with fine which may extend to ten
thousand rupees. (2)
Any Court trying a contravention under
sub-section (1) may direct that an property in respect of which the
contravention has taken place shall be forfeited to the Government. (1)
No Court shall take cognizance of any offence
punishable under this Act, save on complaint made by or under the authority of
the Government or the Institution or by and officer empowered in this behalf by
the Government or the Institution. (2)
No Court inferior to that of a presidency
magistrate or a magistrate of the first class specially empowered in this
behalf shall try any offence punishable under this Act. No suit, prosecution or
other legal proceeding shall lie against the Central Government or the
Institution or any person acting under the authority of the Central Government
or the Institution for anything which is in good faith done or intended to be
done in pursuance of this Act or of any rule or regulation made thereunder. Nothing in this Act shall
affect the operation of the Agricultural Produce (Grading and Marking) Act,
1937 (1 of 1937) or the Drugs Act, 1940 (23 of 1940). Nothing in this Act shall
exempt any person from any suit or other proceeding which might, apart from
this Act, be brought against him. (1)
The Central Government may, if satisfied that
the public interest so requires, by order in writing for reasons to be stated
therein, give to the Institution general instruction to be followed by the
Institution and such instructions may, notwithstanding anything contained in
the Societies Registration Act, 1860 (21 of 1860) include directions to make or
amend any bye-law relating to the composition of the Governing Body or other
Committees of the Institution and its powers and functions in such form and
within such period as may be specified in the order. (2)
In the exercise of its powers and performance
of its duties, the Institution shall not depart from any general instructions
issued under sub-section (1). Explanation.In this section
the expression ?bye-law? includes all rules, or regulations (by whatever name
called) which the Institution is competent to make in the exercise of the
powers conferred on it under the Societies Registration Act, 1860. (1)
The Central Government may, subject to the
condition of previous publication, by notification in the Official Gazette,
make [6][rules
to carry out the purposes of this Act. (2)
In particular, and without prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely:- (a)
the procedure and manner in which the Indian
Standard, in relation to any article or process, may be established and
published; [7][(aa)
the procedure and manner in which any standard established by any institution
other than the Indian Standards Institution in India or elsewhere, in relation
to any article or process, may be recognised;] (b)
the design of the Standard Mark in relation
to each Indian Standard and the particulars which a Standard mark may contain; (c)
authorisation of competent authority under
Section 10; (d)
the manner in which, and the conditions
subject to which, a licence to use the Standard mark may be granted, renewed,
suspended or cancelled; (e)
[8][* *
*] (f)
the mode of inspection by the Institution and
the manner in which samples may be taken by it; (g)
the powers and functions of the Institution; (h)
the cases in which, and the circumstances
under which, exemption may be granted from the prohibition contained in Section
6; (i)
the powers of Inspectors; (j)
the form and manner in which and the time
within which appeals may be preferred; the procedure to be followed in hearing
appeals; (k)
the forms to be used under this Act; (l)
any other matter which has to be, or may be
prescribed under this Act. (3)
In making any rule under this section, the
Central Government may provide that a breach thereof shall be punishable with
fine which may extend to one thousand rupees. (1)
The Institution may, with previous approval
of the Central Government, by notification in the Official Gazette, make [11][regulations,
not inconsistent with this Act and the rules made thereunder, to carry out the
purposes of this Act. (2)
In particular, and without prejudice to the
generality of the foregoing power, such regulation may provide for all or any
of the matters specified in clauses (a), [12][,
(aa)], (b) and (f) of sub-section (2) of Section 20 [13][and
may also provide for the levy of fees for the grant or renewal of any licence]. Every rule and every
regulation made under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or regulation, as the case may be, or
both Houses agree that the rule or regulation, as the case may be, should not
be made, the rule or regulation shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or regulation.] [1] The words ?except the
State of Jammu and Kashmir? omitted by Act 44 of 1961, Section 2. [2] Inserted by Act 44 of
1961, Section 3. [3] Inserted by Act 44 of
1961, Section 4. [4] Inserted by Act 44 of
1961, Section 5. [5] The words ?by or ?
omitted by Act 36 of 1957, Section 3 and Schedule II. [6] For the Indian
Standards Institution (Certificate Marks) Rules, 1955, see Gazette of India,
1955, Part II, Section 3, p. 99. [7] Inserted by Act 44 of
1961, Section 6. [8] Omitted by Act 54 of
1976, Section 2. [9] Inserted by Act 44 of
1961, Section 6. [10] Omitted by Act 54 of
1976, Section 2. [11] For the Indian
Standards Institution (Certificate Marks) Regulations, 1955, see Gazette of
India, 1955, Part II, Section 3, p. 444. [12]? Inserted by Act 44 of 1961, Section 7. [13] Inserted by Act 54 of
1976, Section 3 [14] Inserted by Act 54 of
1976, Section 4.Indian Standards Institution (Certification
Marks) Act, 1952
[21st March, 1952]
In this Act, unless the context otherwise requires,-
The Institution may exercise such powers and perform such duties as may be assigned
to it by or under this Act, and, in particular, such powers include power to-
All orders and decisions of, and all other instruments issued by, the
Institution shall be authenticated by the signature of such officer or officers
as may be authorised by the Institution in this behalf.
No person shall, except in such cases and under such conditions as may be
prescribed, use without the previous permission of the Institution,-
Whoever contravenes any of the provisions of this Act or of any rules made
thereunder shall, if no other penalty is elsewhere provided by or under this
Act for such contravention, be punishable with fine which extend to one
thousand rupees.