Court : Allahabad
Reported in : AIR1991All259
..... on behalf of the petitioner, it was contended that both the reasons for rejection of petitioner's application is not sustainable in the eye of law as the insistance of respondents for the petitioner to get a licence under the idr act of 1951 is illegal as neither the said act requires the petitioner's unit obtaining licence, nor the bureau of indian standards act, 1986, prescribe a prerequisite of obtaining licence under the said act before a licence could be granted or before an order is passed under s. ..... then, in the year 1986, the parliament promulgated the bureau of indian standards act, 1986, which established a bureau under the name of bureau of indian standards as statutory corporation and repealed the 1952 act. s. ..... affidavit) requiring the petitioner to obtain industrial licence or a letter of indent from the central government and permission from directorate of vanaspati thereby cancelling the petitioner's application for the grant of isi certification under the bureau of indian standards act, 1986 and further direct the respondent to reconsider this application afresh. ..... 38 of the aforesaid bureau of indian standards act, 1986.10. ..... coming to the second point strong reliance was placed on behalf of the respondents on the bureau of indian standards (certification) regulations, 1988, which was issued in terms of the power conferred under s. ..... 10 of 1986 act confers power on the bureau to specify the standard marks and to grant licence for the use of the standard mark. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC113; JT2007(12)SC609; 2007(11)SCALE646; (2007)8SCC636; 2008(2)SLJ206(SC); 2007AIRSCW6251
..... amended by notification dated 3rd may, 2002, in exercise of the powers conferred by section 38 of the bureau of indian standards act, 1986 (in short the 'act') to read as follows:9. ..... background facts in a nutshell are as follows:the respondents had claimed for directions to the appellants-bureau of indian standards (hereinafter referred to as 'bis') to promote them as scientists-d in the pay-scale of rs.12000-375-16500 on the date of their completion of 5 years of service in the lower grade under a scheme known as the 'flexible complementing scheme' (hereinafter referred ..... thereafter, based on the assessment procedure as laid down by the executive committee of bureau of indian standards, which shall take into account qualifications, performance, merit, seniority, potential, annual confidential reports for previous five years and interview by the assessment committee appointed 'by the director general, the officers would ..... to time by the central government for promotion of scientists in scientific organizations under the central government subject to the condition that the said scheme shall be applicable to the scientific cadre officers of the bureau from the date of commencement of the bureau of indian standards (recruitment of scientific cadre) amendment regulations, 2004. 8. ..... accordingly, in bureau of indian standards, all scientific cadre officers were considered eligible for promotion from one grade to the next higher grade after they had put in 5 years of residency service .....
Tag this Judgment!Court : Delhi
Reported in : 2007(98)DRJ43
..... mr vikas singh, the learned additional solicitor general, who appeared on behalf of the bureau of indian standards, straightway drew my attention to the provisions of section 15 of the bureau of indian standards act, 1986 (hereinafter referred to as 'the bids act'). ..... thus, according to mr tripathi, the fundamentals of natural justice, which are enshrined in the bids certification regulations, 1988, have been given a complete go-by by the bureau of indian standards and, thereforee, the deletion carried out by the 14th endorsement was liable to be set aside on this ground alone.7. ..... mr parag tripathi, the learned senior counsel who appeared on behalf of the petitioners, submitted that a license granted by the bureau of indian standards may be cancelled in terms of the provisions of regulation 5 (5) (a)1 of the bureau of indian standards (certification) regulations, 1988 (hereinafter referred to as 'the bids certification regulations, 1988'). ..... he then referred to section 2(j) of the bids act which defines 'license' to mean a license granted under section 15 to use the indian standards certification mark in relation to any article or process which conforms to the indian standards and includes any license granted under the indian standard institution (certification marks) act, 1952 as was in force immediately before the date of establishment of the bureau. .....
Tag this Judgment!Court : Karnataka
Reported in : 2004CriLJ1025; ILR2003KAR4366
..... the brief facts leading to these revisions are that the bureau of indian standards was established under the bureau of indian standards act, 1986 (act 63 of 1986) for harmonious development of the activities of standardization, marketing and quality certification of goods and for matters connected therewith, the said bureau received several complaints regarding the respondents in both the petitions that they were ..... this juncture it is to be noted that the establishment of bureau of indian standards act, 1986 (act 63 of 1986) was for harmonious development of the activities of standardization, marketing and quality certification of goods and for matter connected ..... has committed an error in departing from the spirit of the legislation and in discharging the accused which calls for interference by this court and consequently, the revisions filed by the petitioner - bureau of indian standards have to be allowed.16. ..... the mild steel tubes (quality control) order 1978 was issued under section 3 of the essential commodities act, 1955, to maintain the standard specification of the material; there is no proper application of mind by the learned special judge to the material facts in holding that no case is made out against the respondents; the learned judge failed to construe the provisos ..... police while receiving the complaint from the bureau ought to have been very careful before filing the 'b' report but it is found to have mechanically acted without applying its mind properly to the .....
Tag this Judgment!Court : Delhi
Reported in : 113(2004)DLT3
..... 4 bureau under the bureau of indian standards act, 1986 and were issued an appropriate license, the specifications are provided under the indian standards for packaged drinking water (other than packaged ..... and the norms laid down for packaged drinking water are under specialised act and license has been issued under the bureau of indian standards act, 1986. ..... 4 bureau of indian standards stated to be the competent authority under the rules framed in terms of section 23 of the prevention of food adulteration act 1954 (hereinafter to be referred to as 'the pfa act') to certify the standard, conditions of preparation of packaged drinking water as also its ..... the bureau of indian standards being an individual authority has prescribed the indian standards for packaged drinking water which are extremely comprehensive and cover almost all areas of package, production, storage, premises, ..... to achieve this object that the rules framed under the pfa were amended to include packaged drinking water which had to be licensed in terms of the requirements of indian standards as prescribed by respondent no. 4. ..... the supreme court while dealing with the case of prosecution under the pfa act, observed that the standards have been laid down for the quality of carbonated water which is the same ..... 4 bureau also carries out periodic inspections to verify that the standards prescribed by it are being met within the comprehensive code and norms have been laid down as a condition for the grant of license .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2007Kant118; 2007(4)KLJ71; 2007(3)AIRKarR302
..... possessed by them for valuable consideration, without paying adequate compensation and as such order 3 passed is arbitrary and that annexure 'a' is a sub-ordinate legislation made by the central government exercising the power under section 14 of the bureau of indian standards act of 1986 and the prohibition contained in the impugned order at annexure a is illegal, arbitrary and without authority of law and violative of article 14 of the constitution and the same cannot be sustained.3. ..... it is the submission of the learned counsel appearing for the respondents that in order to maintain the standard and to ensure quality and to stick on to such specifications there is an act called bureau of indian standards act, 1986, which is a regulatory authority to look into the quality of production. ..... the government has issued notification acting under section 14 of the bureau of indian standards act, 1986 and by virtue of the said order, it has included electrical wires, cables, appliances protection devices and accessories and prescribed the standards wherein it has made it obligatory for compulsory registration for the manufacture of the products and also to obtain a license under the act and that the process of manufacturing the product should be according to the act and order. ..... as per the provisions of the bureau of indian standards act of 1986 if certain regulations are made by the central government by way of delegated legislation they should withstand the test of reasonableness i.e. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR2005Guj270; 2006FAJ265; (2006)1GLR528
..... case of the petitioners that they were holding the valid licence to manufacture the packaged drinking water as prescribed under the bureau of indian standards act, 1986 (hereinafter referred to as the 'act' for short ) and bureau of indian standards ( certification ) regulations, 1988 ( hereinafter referred to as the 'regulations' for brevity ). ..... that the bureau of indian standard has been established under section 3 of the bureau of indian standard act, 1986 and accordingly, under section 4 of the act, an executive committee is formed to perform exercise and discharge such of the functions, powers and duties as may be delegated to it by the bureau. ..... the bureau of indian standards act, 1986 ( no.63 of 1986 ) is an act to provide for the establishment of a bureau for the harmonious development of the activities of standardisation, marking and quality certification of goods and for matters connected there with ..... such duties as may be assigned to it by or under this act and,in particular, such powers include the power to- (a) establish, publish and promote in such manner as may be prescribed the indian standard, in relation to any article or process;(b) recognize 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; (c) specify a standard mark to be called the bureau of indian standards certification mark which shall be of such design and contain such particulars .....
Tag this Judgment!Court : Delhi
Reported in : 155(2008)DLT588
..... the brief facts of the case as per the appellant are as follows:a) the appellant bureau of standards is a statutory body established under the bureau of indian standards act 1986 (hereinafter referred to as the bis act ) to promote harmonious development of the activities of standardization, marking and quality certification of goods and matters incidental thereto, throughout the country. ..... (d) hence, in consonance with the above provisions of law, the labeling prohibitions in clause 7.2 of is 14543 : 2004 have been formulated by the bureau under the bureau of indian standards act 1986 read with the rules and regulations framed there under, state as under:7.2 labelling prohibitions 7.2.1 no claims concerning medicinal (preventative, alleviative or curative) effect shall be made in respect of the properties of the product covered by the standard. ..... the bureau of indian standards act, 1986(i) prefatory note statement of objects and reasons. ..... mere registration of the mark under the trademarks act cannot be construed to be a defence against any action taken under the bureau of indian standards act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD338; 2004(6)ALT4
..... section 14 of the bureau of indian standards act, 1986 (for short 'bis act'), enables the government to notify any article or process of any schedule industry requiring it to conform to the indian standards; and direct the use of standard mark under a licence as compulsory but only after consulting the bureau. ..... the bureau of indian standards act, 1986 (act 63 of 1986) is an act to provide for establishment of a bureau for the harmonious development of the activities of standardisation, marking and quality certification of goods and for matters connected therewith or incidental thereto.31. ..... then we shall consider the submissions based on the provisions of bureau of indian standards act and the rules made thereunder.30. ..... section 3 of the bis act authorises the government by notification in the official gazette to establish a bureau to be called the bureau of indian standards for the purposes of the act.33. ..... section 2(g) of the bis act defines '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 recognized by the bureau under clause (b) of section 10; and (ii) any standard established and published, or recognized, by the indian standards institution and which is in force immediately before the date of establishment of the bureau;' 32. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 137(2007)DLT88(SC); [2007(112)FLR697]; 2006(14)SCALE56
..... authority was created under the bureau of indian standards act, 1986. ..... once they became the member of the pension scheme, regulation 16 of the bureau of indian standards (terms and condition of service of employees regulation, 1988) had become ipso-facto applicable in ..... 14 made a regulation known as 'bureau of indian standards (terms and condition of service of employees regulation, 1988)', regulation 16 thereof reads as under:16 pension- the employees shall be governed by the central civil services (pension) rules, 1972: provided that the employees ..... , the bureau of indian standards, which is an autonomous body, pursuant to and in furtherance of an office memorandum dated 1.5.1987 issued by the government of india asked its employees to give their option whether to continue under the provident fund ..... bureau of indian standards have proceeded on some legal misconception that it was obligatory on the part of the said employees to give a positive option for ..... bureau of indian standards ..... were employees of bureau of indian standards. ..... it further notices the recommendations of the fourth central pay commission to the effect that cpf beneficiaries in service on 1.1.1986 would be deemed to have switched over to the pension scheme on that date unless they specifically opt out to continue under ..... , as noticed hereinbefore, were created, one by reason of the memorandum, and another by reason of the acceptance of the recommendations of the fourth central pay commission with effect from 1.1.1986. .....
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