1861

Panaji, 2nd February, 2017 (Magha 13, 1938)

SERIES I No. 44

Reg. No. G-2/RNP/GOA/32/2015-2017

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

Department Notification Subject

Pages

1.a. Law & Judiciary

Not.- 10/4/2016-LA

The National Institutes of Technology, Science

1861

Under Secretary

Education and Research (Amendment) Act, 2016.

b. —do—

Not.- 10/4/2016-LA

The Aadhaar (Targeted Delivery of Financial and

1861

Other Subsidies, Benefits and Services) Act, 2016.

c. —do—

Not.- 10/4/2016-LA

The Bureau of Indian Standards Act, 2016.

1880

INDEX

GOVERNMENT OF GOA

Department of Law & Judiciary

Legal Affairs Division

Notification

10/4/2016-LA

The National Institutes of Technology,

Science Education and Research (Amendment)

Act, 2016 (Central Act No. 42 of 2016), which

has been passed by Parliament and assented

to by the President on 09-08-2016 and

published in the Gazette of India, Extraordinary,

Part II, Section 1, dated 10-08-2016, is hereby

published for the general information of the

public.

Julio Barbosa Noronha, Under Secretary

(Law).

Porvorim, 4th November, 2016.

THE NATIONAL INSTITUTES OF

TECHNOLOGY, SCIENCE EDUCATION

AND RESEARCH (AMENDMENT)

ACT, 2016

AN

ACT

further to amend the National Institutes of

Technology, Science Education and

Research Act, 2007.

Be it enacted by Parliament in the Sixty-

-seventh Year of the Republic of India as

follows:—

1. Short title and commencement.— (1)

This Act may be called the National Institutes

of Technology, Science Education and

Research (Amendment) Act, 2016.

(2) It shall be deemed to have come into

force on the 20th day of August, 2015.

2. Amendment of First Schedule to Act 29

of 2007.— In the First Schedule to the

National Institutes of Technology, Science

Education and Research Act, 2007, after serial

number 30, the following serial number and

the entries relating thereto shall be inserted,

namely:—

(1)

(2)

(3)

“31.

National Institute of

National Institute of

Technology, Andhra

Technology, Andhra

Pradesh

Pradesh.”.

————

Notification

10/4/2016-LA

The Aadhaar (Targeted Delivery of Financial

and Other Subsidies, Benefits and Services)

Act, 2016 (Central Act No. 18 of 2016), which

has been passed by Parliament and

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1862

assented to by the President on 25-03-2016

and published in the Gazette of India,

Extraordinary, Part II, Section 1, dated

26-03-2016, is hereby published for the

general information of the public.

Julio Barbosa Noronha, Under Secretary

(Law).

Porvorim, 26th October, 2016.

_________

THE AADHAAR (TARGETED DELIVERY

OF FINANCIAL AND OTHER SUBSIDIES,

BENEFITS AND SERVICES)

ACT, 2016

________

Arrangement of Sections

Sections

CHAPTER I

Priliminary

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

Enrolment

3. Aadhaar number.

4. Properties of Aadhaar number.

5. Special measures for issuance of Aadhaar

number to certain category of persons.

6. Update of certain information.

CHAPTER III

Authentication

7. Proof of Aadhaar number necessary for receipt

of certain subsidies, benefits and services, etc.

8. Authentication of Aadhaar number.

9. Aadhaar number not evidence of citizenship

or domicile, etc.

10. Central Identities Data Repository.

CHAPTER IV

Unique Identification Authority of India

11. Establishment of Authority.

12. Composition of Authority.

13. Qualifications for appointment of Chairperson

and Members of Authority.

Sections

14. Term of office and other conditions of service

of Chairperson and Members.

15. Removal of Chairperson and Members.

16. Restrictions on Chairperson or Members on

employment after cessation of office.

17. Functions of Chairperson.

18. Chief executive officer.

19. Meetings of Authority.

20. Vacancies, etc., not to invalidate proceedings

of Authority.

21. Officers and other employees of Authority.

22. Transfer of assets, liabilities of Authority.

23. Powers and functions of Authority.

CHAPTER V

Grants, Accounts and Audit and Annual Report

24. Grants by Central Government.

25. Other fees and revenues.

26. Accounts and audit.

27. Returns and annual report, etc.

CHAPTER VI

Protection of information

28. Security and confidentiality of information.

29. Restriction on sharing information.

30. Biometric information deemed to be sensitive

personal information.

31. Alteration of demographic information or

biometric information.

32. Access to own information and records of

requests for authentication.

33. Disclosure of information in certain cases.

CHAPTER VII

Offences and Penalties

34. Penalty for Impersonation at time of

enrolment.

35. Penalty for impersonation of Aadhaar number

holder by changing demographic information

or biometric information.

36. Penalty for impersonation.

37. Penalty for disclosing identity information.

38. Penalty for unauthorised access to the Central

Identities Data Repository.

39. Penalty for tampering with data in Central

Identities Data Repository.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1863

Sections

40. Penalty for unauthorised use by requesting

entity.

41. Penalty for non-compliance with intimation

requirements.

42. General penalty.

43. Offences by companies.

44. Act to apply for offence or contravention

committed outside India.

45. Power to investigate offences.

46. Penalties not to interfere with other

punishments.

47. Cognizance of offences.

CHAPTER VIII

Miscellaneous

48. Power of Central Government to supersede

Authority.

49. Members, officers, etc., to be public servants.

50. Power of Central Government to issue

directions.

51. Delegation.

52. Protection of action taken in good faith.

53. Power of Central Government to make

rules.

54. Power of Authority to make regulations.

55. Laying of rules and regulations before

Parliament.

56. Application of other laws not barred.

57. Act not to prevent use of Aadhaar number for

other purposes under law.

58. Power to remove difficulties.

59. Savings.

————

THE AADHAAR (TARGETED DELIVERY

OF FINANCIAL AND OTHER SUBSIDIES,

BENEFITS AND SERVICES) ACT, 2016

AN

ACT

to provide for as a good governance, efficient,

transparent, and targeted delivery of

subsidies, benefits and services, the

expenditure for which is incurred from the

Consolidated Fund of India, to individuals

residing in India through assigning of

unique

identity

numbers

to

such

individuals and for matters connected

therewith or incidental thereto.

Be it enacted by Parliament in the Sixty-

-seventh Year of the Republic of India as

follows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.—

(1) This Act may be called the Aadhaar

(Targeted Delivery of Financial and Other

Subsidies, Benefits and Services) Act, 2016.

(2) It shall extend to the whole of India

except the State of Jammu and Kashmir

and save as otherwise provided in this Act,

it shall also apply to any offence or

contravention thereunder committed outside

India by any person.

(3) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint; and different

dates may, be appointed for different

provisions of this Act and any reference in

any such provision to the commencement of

this Act shall be construed as a reference to

the commencement of that provision.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(a) “Aadhaar number” means an

identification number issued to an

individual under sub-section (3) of

section 3;

(b) “Aadhaar number holder” means an

individual who has been issued an Aadhaar

number under this Act;

(c) “authentication” means the process

by which the Aadhaar number alongwith

demographic information or biometric

information of an individual is submitted

to the Central Identities Data Repository

for its verification and such Repository

verifies the correctness, or the lack

thereof, on the basis of information

available with it;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1864

(d) “authentication record” means the

record of the time of authentication and

identity of the requesting entity and the

response provided by the Authority

thereto;

(e) “Authority” means the Unique

Identification

Authority

of

lndia

established under sub-section (1) of

section 11;

(f) “benefit” means any advantage, gift,

reward, relief, or payment, in cash or kind,

provided to an individual or a group of

individuals and includes such other

benefits as may be notified by the Central

Government;

(g) “biometric information” means

photograph, finger print, Iris scan, or such

other biological attributes of an individual

as may be specified by regulations;

(h) “Central Identities Data Repository”

means a centralised database in one or

more locations containing all Aadhaar

numbers issued to Aadhaar number

holders along with the corresponding

demographic information and biometric

information of such individuals and other

information related thereto;

(i) “Chairperson” means the Chairperson

of the Authority appointed under section 12;

(j) “core biometric information” means

finger print, Iris scan, or such other

biological attribute of an individual as may

be specified by regulations;

(k) “demographic information” includes

information relating to the name, date

of birth, address and other relevant

information of an individual, as may be

specified by regulations for the purpose of

issuing an Aadhaar number, but shall not

include race, religion, caste, tribe, ethnicity,

language, records of entitlement, income

or medical history;

(l) “enrolling agency” means an agency

appointed by the Authority or a Registrar,

as the case may be, for collecting

demographic and biometric information of

individuals under this Act;

(m) “enrolment” means the process, as

may be specified by regulations, to collect

demographic and biometric information

from individuals by the enrolling agencies

for the purpose of issuing Aadhaar

numbers to such individuals under this

Act;

(n) “identity information” in respect of

an individual, includes his Aadhaar

number, his biometric information and his

demographic information;

(o) “Member” includes the Chairperson

and Member of the Authority appointed

under section 12;

(p) “notification” means a notification

published in the Official Gazette and the

expression “notified” with its cognate

meanings and grammatical variations shall

be construed accordingly;

(q) “prescribed” means prescribed by

rules made by the Central Government

under this Act;

(r) “records of entitlement” means

records of benefits, subsidies or services

provided to, or availed by, any individual

under any programme;

(s) “Registrar” means any entity

authorised or recognised by the Authority

for the purpose of enrolling individuals

under this Act;

(t) “regulations” means the regulations

made by the Authority under this Act;

(u) “requesting entity” means an agency

or person that submits the Aadhaar

number, and demographic information or

biometric information, of an individual to

the Central Identities Data Repository for

authentication;

(v) “resident” means an individual who

has resided in India for a period or periods

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1865

amounting in all to one hundred and

eighty-two days or more in the twelve

months immediately preceding the date of

application for enrolment;

(w) “service” means any provision,

facility, utility or any other assistance

provided in any form to an individual or a

group of individuals and includes such

other services as may be notified by the

Central Government;

(x) “subsidy” means any form of aid,

support, grant, subvention, or appro-

priation, in cash or kind, to an individual

or a group of individuals and includes such

other subsidies as may be notified by the

Central Government.

CHAPTER II

Enrolment

3. Aadhaar number.— (1) Every resident

shall be entitled to obtain an Aadhaar number

by submitting his demographic information

and biometric information by undergoing the

process of enrolment:

Provided that the Central Government may,

from time to time, notify such other category

of individuals who may be entitled to obtain

an Aadhaar number.

(2) The enrolling agency shall, at the

time of enrolment, inform the individual

undergoing enrolment of the following details

in such manner as may be specified by

regulations, namely:—

(a) the manner in which the information

shall be used;

(b) the nature of recipients with whom

the information is intended to be shared

during authentication; and

(c) the existence of a right to access

information, the procedure for making

requests for such access, and details of

the person or department in-charge to

whom such requests can be made.

(3) On receipt of the demographic

information and biometric information under

sub-section (1), the Authority shall, after

verifying the information, in such manner as

may be specified by regulations, issue an

Aadhaar number to such individual.

4. Properties of Aadhaar number.— (1) An

Aadhaar number, issued to an individual shall

not be re-assigned to any other individual.

(2) An Aadhaar number shall be a random

number and bear no relation to the attributes

or identity of the Aadhaar number holder.

(3) An Aadhaar number, in physical or

electronic form subject to authentication and

other conditions, as may be specified by

regulations, may be accepted as proof of

identity of the Aadhaar number holder for

any purpose.

Explanation.— For the purposes

of this sub-section, the expression

“electronic form” shall have the

same meaning as assigned to it

in clause (r) of sub-section (1) of

section 2 of the Information

Technology Act, 2000.

5. Special measures for issuance of Aadhaar

number to certain category of persons.— The

Authority shall take special measures to issue

Aadhaar number to women, children, senior

citizens, persons with disability, unskilled and

unorganised workers, nomadic tribes or to

such other persons who do not have any

permanent dwelling house and such other

categories of individuals as may be specified

by regulations.

6. Update of certain information.— The

Authority may require Aadhaar number

holders to update their demographic

information and biometric information, from

time to time, in such manner as may be

specified by regulations, so as to ensure

continued accuracy of their information in

the Central Identities Data Repository.

CHAPTER III

Authentication

7. Proof of Aadhaar number necessary for

receipt of certain subsidies, benefits and

services, etc.— The Central Government or,

21 of 2000.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1866

as the case may be, the State Government

may, for the purpose of establishing identity

of an individual as a condition for receipt of

a subsidy, benefit or service for which the

expenditure is incurred from, or the receipt

therefrom forms part of, the Consolidated

Fund of India, require that such individual

undergo authentication, or furnish proof of

possession of Aadhaar number or in the case

of an individual to whom no Aadhaar number

has been assigned, such individual makes

an application for enrolment:

Provided that if an Aadhaar number is not

assigned to an individual, the individual shall

be offered alternate and viable means of

identification for delivery of the subsidy,

benefit or service.

8. Authentication of Aadhaar number.— (1)

The Authority shall perform authentication

of the Aadhaar number of an Aadhaar

number holder submitted by any requesting

entity, in relation to his biometric information

or demographic information, subject to such

conditions and on payment of such fees and

in such manner as may be specified by

regulations.

(2) A requesting entity shall—

(a) unless otherwise provided in this Act,

obtain the consent of an individual before

collecting his identity information for the

purposes of authentication in such manner

as may be specified by regulations; and

(b) ensure that the identity information

of an individual is only used for submission

to the Central Identities Data Repository

for authentication.

(3) A requesting entity shall inform, in such

manner as may be specified by regulations,

the individual submitting his identity

information for authentication, the following

details with respect to authentication,

namely:—

(a) the nature of information that may

be shared upon authentication;

(b) the uses to which the information

received during authentication may be put

by the requesting entity; and

(c) alternatives to submission of identity

information to the requesting entity.

(4) The Authority shall respond to an

authentication query with a positive,

negative or any other appropriate response

sharing such identity information excluding

any core biometric information.

9. Aadhaar number not evidence of

citizenship or domicile, etc.— The Aadhaar

number or the authentication thereof shall

not, by itself, confer any right of, or be proof

of, citizenship or domicile in respect of an

Aadhaar number holder.

10. Central Identities Data Repository.—

The Authority may engage one or more

entities to establish and maintain the Central

Identities Data Repository and to perform any

other functions as may be specified by

regulations.

CHAPTER IV

Unique Identification Authority of India

11. Establishment of Authority.— (1) The

Central Government shall, by notification,

establish an Authority to be known as the

Unique Identification Authority of India to be

responsible for the processes of enrolment

and authentication and perform such other

functions assigned to it under this Act.

(2) The Authority shall be a body corporate

by the name aforesaid, having perpetual

succession and a common seal, with power,

subject to the provisions of this Act, to

acquire, hold and dispose of property, both

movable and immovable, and to contract, and

shall, by the said name, sue or be sued.

(3) The head office of the Authority shall

be in New Delhi.

(4) The Authority may, with the prior

approval of the Central Government, establish

its offices at other places in India.

12. Composition of Authority.— The

Authority shall consist of a Chairperson,

appointed on part-time or full-time basis, two

part-time Members, and the chief executive

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1867

officer who shall be Member-Secretary of the

Authority, to be appointed by the Central

Government.

13. Qualifications for appointment of

Chairperson and Members of Authority.— The

Chairperson and Members of the Authority

shall be persons of ability and integrity having

experience and knowledge of at least ten

years in matters relating to technology,

governance, law, development, economics,

finance, management, public affairs or

administration.

14. Term of office and other conditions of

service of Chairperson and Members.— (1)

The Chairperson and the Members appointed

under this Act shall hold office for a term of

three years from the date on which they

assume office and shall be eligible for

re-appointment;

Provided that no person shall hold office

as the Chairperson or Member after he has

attained the age of sixty-five years.

(2) The Chairperson and every Member

shall, before entering office, make and

subscribe to, an oath of office and of secrecy,

in such form and in such manner and before

such Authority as may be prescribed.

(3) Notwithstanding anything contained

in sub-section (1), the Chairperson or

Member may—

(a) relinquish his office, by giving in

writing to the Central Government, a

notice of not less than thirty days; or

(b) be removed from his office in

accordance with the provisions of section

15.

(4) The salaries and allowances payable

to, and the other terms and conditions of

service of, the Chairperson and allowances

or remuneration payable to part-time

Members shall be such as may be prescribed.

15.

Removal

of

Chairperson

and

Members.— (1) The Central Government may

remove from office, the Chairperson, or a

Member, who—

(a) is, or at any time has been adjudged

as insolvent;

(b) has become physically or mentally

incapable of acting as the Chairperson or,

as the case may be, a Member;

(c) has been convicted of an offence

which, in the opinion of the Central

Government, involves moral turpitude;

(d) has acquired such financial or other

interest as is likely to affect prejudicially

his functions as the Chairperson or, as the

case may be, a Member; or

(e) has, in the opinion of the Central

Government, so abused his position as

to render his continuance in office

detrimental to the public interest.

(2) The Chairperson or a Member shall not

be removed under clause (b), clause (d) or

clause (e) of sub-section (1) unless he has

been given a reasonable opportunity of being

heard.

16. Restrictions on Chairperson or Members

on employment after cessation of office.—

The Chairperson or a Member on ceasing

to hold office for any reason, shall not,

without previous approval of the Central

Government,—

(a) accept any employment in, or be

connected with the management of any

organisation, company or any other entity

which has been associated with any work

done or contracted out by the Authority,

whether directly or indirectly, during his

tenure as Chairperson or Member, as the

case may be, for a period of three years

from the date on which he ceases to hold

office:

Provided

that

nothing

contained in this clause shall

apply to any employment under

the Central Government or a State

Government or local authority or

in any statutory authority or any

corporation established by or

under any Central, State or

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1868

provincial Act or a Government

Company, as defined in clause

(45) of section 2 of the Companies

Act, 2013;

(b) act, for or on behalf of any person or

organisation in connection with any

specific proceeding or transaction or

negotiation or a case to which the

Authority is a party and with respect to

which the Chairperson or such Member

had, before cessation of office, acted for or

provided advice to, the Authority;

(c) give advice to any person using

information which was obtained in his

capacity as the Chairperson or a Member

and being unavailable to or not being

able to be made available to the public; or

(d) enter, for a period of three years from

his last day in office, into a contract of

service with, accept an appointment to a

board of directors of, or accept an offer of

employment with, an entity with which he

had direct and significant official dealings

during his term of office.

17. Functions of Chairperson.— The

Chairperson shall preside over the meetings

of the Authority, and without prejudice to

any provision of this Act, exercise and

discharge such other powers and functions

of the Authority as may be prescribed.

18. Chief executive officer.— (1) There shall

be a chief executive officer of the Authority,

not below the rank of Additional Secretary

to the Government of India, to be appointed

by the Central Government.

(2) The chief executive officer shall be the

legal representative of the Authority and shall

be responsible for—

(a) the day-to-day administration of the

Authority;

(b) implementing the work programmes

and decisions adopted by the Authority;

(c) drawing up of proposal for

the Authority’s decisions and work

programmes;

(d) the preparation of the statement

of revenue and expenditure and the

execution of the budget of the Authority;

and

(e) performing such other functions, or

exercising such other powers, as may be

specified by regulations.

(3) Every year, the chief executive officer

shall submit to the Authority for approval—

(a) a general report covering all the

activities of the Authority in the previous

year;

(b) programmes of work;

(c) the annual accounts for the previous

year; and

(d) the budget for the coming year.

(4) The chief executive officer shall have

administrative control over the officers and

other employees of the Authority.

19. Meetings of Authority.— (1) The

Authority shall meet at such times and places

and shall observe such rules of procedure

in regard to the transaction of business at

its meetings, including quorum at such

meetings, as may be specified by regulations.

(2) The Chairperson, or, if for any reason,

he is unable to attend a meeting of the

Authority, the senior most Member shall

preside over the meetings of the Authority.

(3) All questions which come up before

any meeting of the Authority shall be decided

by a majority of votes by the Members

present and voting and in the event of an

equality of votes, the Chairperson or in his

absence the presiding Member shall have a

casting vote.

(4) All decisions of the Authority shall be

signed by the Chairperson or any other

Member or the Member-Secretary authorised

by the Authority in this behalf.

(5) If any Member, who is a director of a

company and who as such director, has any

direct or indirect pecuniary interest in any

18 of 2013.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1869

manner coming up for consideration at a

meeting of the Authority, he shall, as soon as

possible after relevant circumstances have

come to his knowledge, disclose the nature

of his interest at such meeting and such

disclosure shall be recorded in the

proceedings of the Authority, and the

Member shall not take part in any

deliberation or decision of the Authority

with respect to that matter.

20. Vacancies etc., not to invalidate

proceedings of Authority.— No act or

proceeding of the Authority shall be invalid

merely by reason of—

(a) any vacancy in, or any defect in the

constitution of, the Authority;

(b) any defect in the appointment of a

person as Chairperson or Member of the

Authority; or

(c) any irregularity in the procedure of

the Authority not affecting the merits of

the case.

21. Officers and other employees of

Authority.— (1) The Authority may, with

the approval of the Central Government,

determine the number, nature and categories

of other officers and employees required by

the Authority in the discharge of its functions.

(2) The salaries and allowances payable

to, and the other terms and conditions of

service of, the chief executive officer and

other officers and other employees of the

Authority shall be such as may be specified

by regulations with the approval of the

Central Government.

22. Transfer of assets, liabilities of

Authority.— On and from the establishment

of the Authority—

(a) all the assets and liabilities of the

Unique Identification Authority of India,

established vide notification of the

Government of India in the Planning

Commission number A-43011/02/2009-

-Admin. I, dated the 28th January, 2009,

shall stand transferred to, and vested in,

the Authority.

Explanation.— The assets of such

Unique Identification Authority of India

shall be deemed to include all rights and

powers, and all properties, whether

movable or immovable, including, in

particular, cash balances, deposits and all

other interests and rights in, or arising out

of, such properties as may be in the

possession of such Unique Identification

Authority of India and all books of account

and other documents relating to the same;

and liabilities shall be deemed to include

all debts, liabilities and obligations of

whatever kind;

(b) without prejudice to the provisions

of clause (a), all data and information

collected during enrolment, all details

of authentication performed, debts,

obligations and liabilities incurred, all

contracts entered into and all matters and

things engaged to be done by, with or for

such Unique Identification Authority of

India immediately before that day, for or in

connection with the purpose of the said

Unique Identification Authority of India,

shall be deemed to have been incurred,

entered into or engaged to be done by,

with or for, the Authority;

(c) all sums of money due to the said

Unique Identification Authority of India

immediately before that day shall be

deemed to be due to the Authority; and

(d) all suits and other legal proceedings

instituted or which could have been

instituted by or against such Unique

Identification

Authority

of

India

immediately before that day may be

continued or may be instituted by or

against the Authority.

23. Powers and functions of Authority.—

(1) The Authority shall develop the policy,

procedure and systems for issuing Aadhaar

numbers to individuals and perform

authentication thereof under this Act.

(2) Without prejudice to sub-section (1),

the powers and functions of the Authority,

inter alia, include—

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1870

(a)

specifying,

by

regulations,

demographic information and biometric

information required for enrolment and the

processes for collection and verification

thereof;

(b) collecting demographic information

and biometric information from any

individual seeking an Aadhaar number in

such manner as may be specified by

regulations;

(c) appointing of one or more entities

to operate the Central Identities Data

Repository;

(d) generating and assigning Aadhaar

numbers to individuals;

(e) performing authentication of Aadhaar

numbers;

(f) maintaining and updating the

information of individuals in the Central

Identities Data Repository in such manner

as may be specified by regulations;

(g) omitting and deactivating of an

Aadhaar number and information relating

thereto in such manner as may be

specified by regulations;

(h) specifying the manner of use of

Aadhaar numbers for the purposes of

providing or availing of various subsidies,

benefits, services and other purposes for

which Aadhaar numbers may be used;

(i) specifying, by regulations, the terms

and conditions for appointment of

Registrars, enrolling agencies and service

providers and revocation of appointments

thereof;

(j)

establishing,

operating

and

maintaining of the Central Identities Data

Repository;

(k) sharing, in such manner as may be

specified by regulations, the information

of Aadhaar number holders, subject to the

provisions of this Act;

(l) calling for information and records,

conducting inspections, inquiries and audit

of the operations for the purposes of this

Act of the Central Identities Data

Repository, Registrars, enrolling agencies

and other agencies appointed under this

Act;

(m) specifying, by regulations, various

processes relating to data management,

security protocols and other technology

safeguards under this Act;

(n) specifying, by regulations, the

conditions and procedures for issuance of

new Aadhaar number to existing Aadhaar

number holder;

(o) levying and collecting the fees or

authorising the Registrars, enrolling

agencies or other service providers to

collect such fees for the services provided

by them under this Act in such manner as

may be specified by regulations;

(p) appointing such commitees as may

be necessary to assist the Authority in

discharge of its functions for the purposes

of this Act;

(q) promoting research and development

for advancement in biometrics and

related areas, including usage of

Aadhaar numbers through appropriate

mechanisms;

(r) evolving of, and specifying, by

regulations, policies and practices for

Registrars, enrolling agencies and other

service providers;

(s) setting up facilitation centres and

grievance redressal mechanism for

redressal of grievances of individuals,

Registrars, enrolling agencies and other

service providers;

(t) such other powers and functions as

may be prescribed.

(3) The Authority may,—

(a)

enter

into

Memorandum

of

Understanding or agreement, as the case

may be, with the Central Government or

State Governments or Union territories

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1871

or other agencies for the purpose of

performing any of the functions in relation

to collecting, storing, securing or

processing of information or delivery of

Aadhaar numbers to individuals or

performing authentication;

(b) by notification, appoint such number

of Registrars, engage and authorise such

agencies to collect, store, secure, process

information or do authentication or

perform such other functions in relation

thereto,

as may be necessary for the purposes of this

Act.

(4) The Authority may engage such

consultants, advisors and other persons as

may be required for efficient discharge of its

functions under this Act on such allowances

or remuneration and terms and conditions

as may be specified by contract.

CHAPTER V

Grants, Accounts and Audit and Annual Report

24. Grants by Central Government.— The

Central Government may, after due

appropriation made by Parliament by law in

this behalf, make to the Authority, grants of

such sums of money as the Central

Government may think fit for being utilised

for the purposes of this Act.

25. Other fees and revenues.— The fees

or revenue collected by the Authority shall

be credited to the Consolidated Fund of

India.

26. Accounts and audit.— (1) The Authority

shall maintain proper accounts and other

relevant records and prepare an annual

statement of accounts in such form as may

be prescribed by the Central Government in

consultation with the Comptroller and

Auditor-General of India.

(2) The accounts of the Authority shall be

audited annually by the Comptroller and

Auditor-General of India at such intervals as

may be specified by him and any expenditure

incurred in connection with such audit

shall be payable by the Authority to the

Comptroller and Auditor-General.

(3) The Comptroller and Auditor-General

of india and any person appointed by him in

connection with the audit the accounts of

the Authority under this Act shall have the

same rights and privileges and authority

in connection with such audit as the

Comptroller and Auditor-General generally

has in connection with the audit of

Government accounts, and in particular, shall

have the right to demand production of books,

accounts, connected vouchers and other

documents and papers, and to inspect any

of the offices of the Authority.

(4) The accounts of the Authority, as

certified by the Comptroller and Auditor-

-General of India or any other person

appointed by him in this behalf, together with

the audit report thereon shall be forwarded

annually to the Central Government by the

Authority and the Central Government shall

cause the audit report to be laid, as soon as

may be after it is received, before each House

of Parliament.

27. Returns and annual report, etc.— (1)

The Authority shall furnish to the Central

Government at such time and in such form

and manner as may be prescribed or as the

Central Government may direct, such returns

and statements and particulars in regard to

any matter under the jurisdiction of the

Authority, as the Central Government may

from time to time require.

(2) The Authority shall prepare, once in

every year, and in such form and manner

and at such time as may be prescribed, an

annual report giving—

(a) a description of all the activities of

the Authority for the previous years;

(b) the annual accounts for the previous

year; and

(c) the programmes of work for coming

year.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1872

(3) A copy of the report received under

sub-section (2) shall be laid by the Central

Government as soon as may be after it is

received, before each House of Parliament.

CHAPTER VI

Protection of information

28. Security and confidentiality of

information.— (1) The Authority shall ensure

the security of identity information and

authentication records of individuals.

(2) Subject to the provisions of this Act,

the Authority shall ensure confidentiality of

identity information and authentication

records of individuals.

(3) The Authority shall take all necessary

measures to ensure that the information in

the possession or control of the Authority,

including information stored in the Central

Identities Data Repository, is secured and

protected against access, use or disclosure

not permitted under this Act or regulations

made thereunder, and against accidental or

intentional destruction, loss or damage.

(4) Without prejudice to sub-sections (1)

and (2) the Authority shall—

(a) adopt and implement appropriate

technical and organisational security

measures;

(b)

ensure

that

the

agencies,

consultants, advisors or other persons

appointed or engaged for performing any

function of the Authority under this Act,

have in place appropriate technical and

organisational security measures for the

information; and

(c) ensure that the agreements or

arrangements entered into with such

agencies, consultants, advisors or other

persons, impose obligations equivalent to

those imposed on the Authority under

this Act, and require such agencies,

consultants, advisors and other persons to

act only on instructions from the Authority.

(5) Notwithstanding anything contained in

any other law for the time being in force,

and save as otherwise provided in this Act,

the Authority or any of its officers or other

employees or any agency that maintains the

Central Identities Data Repository shall not,

whether during his service or thereafter,

reveal any information stored in the Central

Identities Data Repository or authentication

record to anyone:

Provided that an Aadhaar number holder

may request the Authority to provide access

to his identity information excluding his core

biometric information in such manner as may

be specified by regulations.

29. Restriction on sharing information.—

(1) No core biometric information, collected

or created under this Act, shall be—

(a) shared with anyone for any reason

whatsoever; or

(b) used for any purpose other than

generation of Aadhaar numbers and

authentication under this Act.

(2) The identity information, other than core

biometric information, collected or created

under this Act may be shared only in

accordance with the provisions of this Act

and in such manner as may be specified by

regulations.

(3) No identity information available with

a requesting entity shall be—

(a) used for any purpose, other than that

specified to the individual at the time of

submitting any identity information for

authentication; or

(b) disclosed further, except with the

prior consent of the individual to whom

such information relates.

(4) No Aadhaar number or core biometric

information collected or created under this

Act in respect of an Aadhaar number holder

shall be published, displayed or posted

publicly, except for the purposes as may be

specified by regulations.

30. Biometric information deemed

to be sensitive personal infor-

mation.— The biometric infor-

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1873

mation collected and stored in

electronic form, in accordance with

this Act and regulations made

thereunder, shall be deemed to be

“electronic record” and “sensitive

personal data or information”, and

the provisions contained in the

Information Technology Act, 2000

and the rules made thereunder

shall apply to such information, in

addition to, and to the extent not

in derogation of the provisions of

this Act.

Explanation.— For the purposes of this

section, the expressions—

(a) “electronic form” shall have

the same meaning as assigned to

it in clause (r) of sub-section (1)

of section 2 of the Information

Technology Act, 2000;

(b) “electronic record” shall

have the same meaning as

assigned to it in clause (t) of sub-

-section (1) of section 2 of the

Information Technology Act,

2000;

(c) “sensitive personal data or

information” shall have the same

meaning as assigned to it in

clause (iii) of the Explanation to

section 43A of the Information

Technology Act, 2000.

31. Alteration of demographic information

or biometric information.— (1) In case any

demographic information of an Aadhaar

number holder is found incorrect or changes

subsequently, the Aadhaar number holder

shall request the Authority to alter such

demographic information in his record in

the Central Identities Data Repository in

such manner as may be specified by

regulations.

(2) In case any biometric information of

Aadhaar number holder is lost or changes

subsequently for any reason, the Aadhaar

number holder shall request the Authority to

make necessary alteration in his record in

the Central Identities Data Repository in

such manner as may be specified by

regulations.

(3) On receipt of any request under sub-

-section (1) or sub-section (2), the Authority

may, if it is satisfied, make such alteration as

may be required in the record relating to

such Aadhaar number holder and intimate

such alteration to the concerned Aadhaar

number holder.

(4) No identity information in the Central

Identities Data Repository shall be altered

except in the manner provided in this Act or

regulations made in this behalf.

32. Access to own information and records

of requests for authentication.— (1) The

Authority shall maintain authentication

records in such manner and for such period

as may be specified by regulations.

(2) Every Aadhaar number holder shall be

entitled to obtain his authentication record

in such manner as may be specified by

regulations.

(3) The Authority shall not, either by itself

or through any entity under its control,

collect, keep or maintain any information

about the purpose of authentication.

33. Disclosure of information in certain

cases.— (1) Nothing contained in sub-section

(2) or sub-section (5) of section 28 or sub-

-section (2) of section 29 shall apply in respect

of any disclosure of information, including

identity information or authentication records,

made pursuant to an order of a court not

inferior to that of a District Judge:

Provided that no order by the court under

this sub-section shall he made without giving

an opportunity of hearing to the Authority.

(2) Nothing contained in sub-section (2) or

sub-section (5) of section 28 and clause (b)

of sub-section (1), sub-section (2) or sub-

-section (3) of section 29 shall apply in respect

of any disclosure of information, including

identity information or authentication records,

made in the interest of national security in

21 of 2000.

21 of 2000.

21 of 2000.

21 of 2000.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1874

pursuance of a direction of an officer not

below the rank of Joint Secretary to the

Government of India specially authorised in

this behalf by an order of the Central

Government:

Provided that every direction issued under

this sub-section, shall be reviewed by an

Oversight Committee consisting of the

Cabinet Secretary and the Secretaries to the

Government of India in the Department of

Legal Affairs and the Department of

Electronics and Information Technology,

before it takes effect:

Provided further that any direction issued

under this sub-section shall be valid for a

period of three months from the date of its

issue, which may be extended for a further

period of three months after the review by

the Oversight Committee.

CHAPTER VII

Offences and Penalties

34. Penalty for impersonation at time of

enrolment.— Whoever impersonates or

attempts to impersonate another person,

whether dead or alive, real or imaginary, by

providing any false demographic information

or biometric information, shall be punishable

with imprisonment for a term which may

extend to three years or with a fine which

may extend to ten thousand rupees or with

both.

35. Penalty for impersonation of Aadhaar

number holder by changing demographic

information or biometric information.—

Whoever, with the intention of causing harm

or mischief to an Aadhaar number holder, or

with the intention of appropriating the identity

of an Aadhaar number holder changes or

attempts to change any demographic

information or biometric information of an

Aadhaar number holder by impersonating or

attempting to impersonate another person,

dead or alive, real or imaginary, shall be

punishable with imprisonment for a term

which may extend to three years and shall

also be liable to a fine which may extend to

ten thousand rupees.

36. Penalty for impersonation.— Whoever,

not being authorised to collect identity

information under the provisions of this Act,

by words, conduct or demeanour pretends

that he is authorised to do so, shall be

punishable with imprisonment for a term

which may extend to three years or with a

fine which may extend to ten thousand

rupees or, in the case of a company, with a

fine which may extend to one lakh rupees or

with both.

37. Penalty for disclosing identity

information.—

Whoever,

intentionally

discloses, transmits, copies or otherwise

disseminates any identity information

collected in the course of enrolment or

authentication to any person not authorised

under this Act or regulations made there

under or in contravention of any agreement

or arrangement entered into pursuant to the

provisions of this Act, shall be punishable

with imprisonment for a term which may

extend to three years or with a fine which

may extend to ten thousand rupees or, in the

case of a company, with a fine which may

extend to one lakh rupees or with both.

38. Penalty for unauthorised access to the

Central Identities Data Repository.—

Whoever, not being authorised by the

Authority, intentionally,—

(a) accesses or secures access to the

Central Identities Data Repository;

(b) downloads, copies or extracts any

data from the Central Identities Data

Repository or stored in any removable

storage medium;

(c) introduces or causes to be introduced

any virus or other computer contaminant

in the Central Identities Data Repository;

(d) damages or causes to be damaged

the data in the Central Identities Data

Repository;

(e) disrupts or causes disruption of the

access to the Central Identities Data

Repository;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1875

(f) denies or causes a denial of access to

any person who is authorised to access

the Central Identities Data Repository;

(g)

reveals

any

information

in

contravention of sub-section (5) of section

28, or shares, uses or displays information

in contravention of section 29 or assists

any person in any of the aforementioned

acts;

(h) destroys, deletes or alters any

information stored in any removable

storage media or in the Central Identities

Data Repository or diminishes its value or

utility or affects it injuriously by any means;

or

(i) steals, conceals, destroys or alters or

causes any person to steal, conceal,

destroy or alter any computer source code

used by the Authority with an intention to

cause damage,

shall be punishable with imprisonment for a

term which may extend to three years and

shall also be liable to a fine which shall not

be less than ten lakh rupees.

Explanation.— For the purposes

of this section, the expressions

“computer contaminant”, “computer

virus” and “damage” shall have the

meanings respectively assigned to

them in the Explanation to section

43 of the Information Technology

Act, 2000, and the expression

“computer source code” shall have

the meaning assigned to it in the

Explanation to section 65 of the

said Act.

39. Penalty for tampering with data in

Central Identities Data Repository.—

Whoever, not being authorised by the

Authority, uses or tampers with the data in

the Central Identities Data Repository or in

any removable storage medium with the

intent of modifying information relating to

Aadhaar number holder or discovering any

information thereof, shall be punishable with

imprisonment for a term which may extend

to three years and shall also be liable to a

fine which may extend to ten thousand

rupees.

40. Penalty for unauthorised use by

requesting entity.— Whoever, being a

requesting entity, uses the identity

information of an individual in contravention

of sub-section (3) of section 8, shall be

punishable with imprisonment which may

extend to three years or with a fine which

may extend to ten thousand rupees or, in the

case of a company, with a fine which may

extend to one lakh rupees or with both.

41. Penalty for non-compliance with

intimation requirements.— Whoever, being

an enrolling agency or a requesting entity,

fails to comply with the requirements of

sub-section (2) of section 3 or sub-section (3)

of section 8, shall be punishable with

imprisonment which may extend to one year

or with a fine which may extend to ten

thousand rupees or, in the case of a company,

with a fine which may extend to one lakh

rupees or with both.

42. General penalty.— Whoever commits

an offence under this Act or any rules or

regulations made thereunder for which no

specific penalty is provided elsewhere than

this section, shall be punishable with

imprisonment for a term which may extend

to one year or with a fine which may extend

to twenty-five thousand rupees or, in the case

of a company, with a fine which may extend

to one lakh rupees, or with both.

43. Offences by companies.— (1) Where an

offence under this Act has been committed

by a company, every person who at the time

the offence was committed was in charge of,

and was responsible to, the company for the

conduct of the business of the company,

as well as the company, shall be deemed to

be guilty of the offence and shall be liable

to be proceeded against and punished

accordingly:

Provided that nothing contained in this sub-

-section shall render any such person liable

to any punishment provided in this Act if he

proves that the offence was committed

without his knowledge or that he had

exercised all due diligence to prevent the

commission of such offence.

21 of 2000.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1876

(2) Notwithstanding anything contained in

sub-section (1), where any offence under this

Act has been committed by a company and

it is proved that the offence has been

committed with the consent or connivance

of, or is attributable to, any neglect on the

part of any director manager, secretary or

other officer of the company, such director,

manager, secretary or other officer shall also

be deemed to be guilty of the offence and

shall be liable to be proceeded against and

punished accordingly,

Explanation.— For the purposes of this

section—

(a) “company” means any body

corporate and includes a firm or other

association of individuals; and

(b) “director”, in relation to a firm, means

a partner in the firm.

44. Act to apply for offence or contraven-

tion committed outside India.— (1) Subject

to the provisions of sub-section (2), the

provisions of this Act shall apply also to any

offence or contravention committed outside

India by any person, irrespective of his

nationality.

(2) For the purposes of sub-section (1), the

provisions of this Act shall apply to any

offence or contravention committed outside

India by any person, if the act or conduct

constituting the offence or contravention

involves any data in the Central Identities

Data Repository.

45.

Power

to

investigate

offences.— Notwithstanding any-

thing contained in the Code of

Criminal Procedure, 1973, a police

officer not below the rank of

Inspector of Police shall investigate

any offence under this Act.

46. Penalties not to interfere with other

punishments.— No penalty imposed under

this Act shall prevent the imposition of

any other penalty or punishment under

any other law for the time being in force.

47. Cognizance of offences.— (1) No court

shall take cognizance of any offence

punishable under this Act, save on a

complaint made by the Authority or any

officer or person authorised by it.

(2) No court inferior to that of a Chief

Metropolitan Magistrate or a Chief Judicial

Magistrate shall try any offence punishable

under this Act.

CHAPTER VIII

Miscellaneous

48. Power of Central Government to

supersede Authority.— (1) If, at any time, the

Central Government is of the opinion,—

(a) that, on account of circumstances

beyond the control of the Authority, it is

unable to discharge the functions or

perform the duties imposed on it by or

under the provisions of this Act; or

(b) that the Authority has persistently

defaulted in complying with any direction

given by the Central Government under

this Act or in the discharge of the functions

or performance of the duties imposed on it

by or under the provisions of this Act and

as a result of such default the financial

position

of

the

Authority

or

the

administration of the Authority has

suffered; or

(c) that a public emergency exists,

the Central Government may, by notification,

supersede the Authority for such period, not

exceeding six months, as may be specified

in the notification and appoint a person or

persons as the President may direct to

exercise powers and discharge functions

under this Act:

Provided that before issuing any such

notification, the Central Government shall

give a reasonable opportunity to the

Authority to make representations against

the proposed supersession and shall

consider the representations, if any, of the

Authority.

2 of 1974.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1877

(2) Upon the publication of a notification

under sub-section (1), superseding the

Authority,—

(a) the Chairperson and other Members

shall, as from the date of supersession,

vacate their offices as such;

(b) all the powers, functions and duties

which may, by or under the provisions of

this Act, be exercised or discharged by or

on behalf of the Authority shall, until the

Authority is reconstituted under sub-

-section (3), be exercised and discharged

by the person or persons referred to in

sub-section (1); and

(c) all properties owned or controlled by

the Authority shall, until the Authority is

reconstituted under sub-section (3), vest

in the Central Government.

(3) On or before the expiration of the period

of supersession specified in the notification

issued under sub-section (1), the Central

Government shall reconstitute the Authority

by a fresh appointment of its Chairperson and

other Members and in such case any person

who had vacated his office under clause (a)

of sub-section (2) shall not be deemed to be

disqualified for reappointment.

(4) The Central Government shall cause a

copy of the notification issued under sub-

-section (1) and a full report of any action

taken

under

this

section

and

the

circumstances leading to such action to be

laid before each House of Parliament at the

earliest.

49. Members, officers, etc., to be

public servants.— The Chairperson,

Members, officers and other

employees of the Authority shall be

deemed, while acting or purporting

to act in pursuance of any of the

provisions of this Act, to be public

servants within the meaning of

section 21 of the Indian Penal Code.

50. Power of Central Government to issue

directions.— (1) Without prejudice to the

foregoing provisions of this Act, the Authority

shall, in exercise of its powers or the

performance of its functions under this Act

be bound by such directions on questions of

policy, as the Central Government may give,

in writing to it, from time to time:

Provided that the Authority shall, as far as

practicable, be given an opportunity to

express its views before any direction is given

under this sub-section:

Provided further that nothing in this

section

shall

empower

the

Central

Government to issue directions pertaining

to technical or administrative matters

undertaken by the Authority.

(2)

The

decision

of

the

Central

Government, whether a question is one of

policy or not, shall be final.

51. Delegation.— The Authority may, by

general or special order in writing, delegate

to any Member, officer of the Authority or

any other person, subject to such conditions,

if any, as may be specified in the order, such

of its powers and functions under this Act

(except the power under section 54) as it

may deem necessary,

52. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceeding shall lie against the Central

Government or the Authority or the

Chairperson or any Member or any officer,

or other employees of the Authority for

anything which is in good faith done or

intended to be done under this Act or the

rule or regulation made thereunder.

53. Power of Central Government to make

rules.— (1) The Central Government may, by

notification, make rules to carry out the

provisions 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 form and manner in which and

the authority before whom the oath of office

and of secrecy is to be subscribed by the

Chairperson and Members under sub-

-section (2) of section 14;

45 of 1860.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1878

(b) the salary and allowances payable

to, and other terms and conditions of

service of, the Chairperson and the

allowances or remuneration payable to

Members of the Authority under sub-

-section (4) of section 14;

(c) the other powers and functions of

the Chairperson of the Authority under

section 17;

(d) the other powers and functions of

the Authority under clause (t) of sub-

-section (2) of section 23;

(e) the form of annual statement of

accounts to be prepared by Authority

under sub-section (1) of section 26;

(f) the form and the manner in which

and the time within which returns and

statements and particulars are to be

furnished under sub-section (1) of

section 27;

(g) the form and the manner and the

time at which the Authority shall furnish

annual report under sub-section (2) of

section 27;

(h) any other matter which is required

to be, or may be, prescribed, or in respect

of which provision is to be or may be made

by rules.

54.

Power

of

Authority

to

make

regulations.— (1) The Authority may, by

notification, make regulations consistent with

this Act and the rules made thereunder, for

carrying out the provisions of this Act.

(2) In particular, and without prejudice to

the generality of the foregoing power, such

regulations may provide for all or any of the

following matters, namely:—

(a) the biometric information under

clause (g) and the demographic information

under clause (k), and the process of

collecting demographic information and

biometric information from the individuals

by enrolling agencies under clause (m) of

section 2;

(b) the manner of verifying the

demographic information and biometric

information for issue of Aadhaar number

under sub-section (3) of section 3;

(c) the conditions for accepting an

Aadhaar number as proof of identity of the

Aadhaar number holder under sub-section

(3) of section 4;

(d) the other categories of individuals

under section 5 for whom the Authority

shall take special measures for allotment

of Aadhaar number;

(e) the manner of updating biometric

information and demographic information

under section 6;

(f) the procedure for authentication of

the Aadhaar number under section 8;

(g) the other functions to be performed

by the Central Identities Data Repository

under section 10;

(h) the time and places of meetings of

the Authority and the procedure for

transaction of business to be followed by

it, including the quorum, under sub-section

(1) of section 19;

(i) the salary and allowances payable

to, and other terms and conditions of

service of, the chief executive officer,

officers and other employees of the

Authority under sub-section (2) of section

21;

(j) the demographic information and

biometric information under clause (a) and

the manner of their collection under clause

(b) of sub-section (2) of section 23;

(k) the manner of maintaining and

updating the information of individuals in

the Central Identities Data Repository

under clause (f) of sub-section (2) of

section 23;

(l) the manner of omitting and

deactivating an Aadhaar number and

information relating thereto under clause

(g) of sub-section (2) of section 23;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1879

(m) the manner of use of Aadhaar

numbers for the purposes of providing or

availing of various subsidies, benefits,

services and other purposes for which

Aadhaar numbers may be used under

clause (h) of sub-section (2) of section 23;

(n) the terms and conditions for

appointment of Registrars, enrolling

agencies and other service providers and

the revocation of appointments thereof

under clause (i) of sub-section (2) of

section 23;

(o) the manner of sharing information of

Aadhaar number holder under clause (k)

of sub-section (2) of section 23;

(p) various processes relating to data

management, security protocol and other

technology safeguards under clause (m)

of sub-section (2) of section 23;

(q) the procedure for issuance of new

Aadhaar number to existing Aadhaar

number holder under clause (n) of sub-

-section (2) of section 23;

(r) manner of authorising Registrars,

enrolling agencies or other service

providers to collect such fees for services

provided by them under clause (o) of sub-

-section (2) of section 23;

(s) policies and practices to be followed

by the Registrar, enrolling agencies and

other service providers under clause (r) of

sub-section (2) of section 23;

(t) the manner of accessing the identity

information by the Aadhaar number holder

under the proviso to sub-section (5) of

section 28;

(u) the manner of sharing the identity

information, other than core biometric

information, collected or created under this

Act under sub-section (2) of section 29;

(v) the manner or alteration of

demographic information under sub-

-section (1) and biometric information

under sub-section (2) of section 31;

(w) the manner of and the time for

maintaining the request for authentication

and the response thereon under sub-

-section (1), and the manner of obtaining,

by the Aadhaar number holder, the

authentication records under sub-section

(2) of section 32;

(x) any other matter which is required

to be, or may be, specified, or in respect of

which provision is to be or may be made

by regulations.

55. Laying of rules and regulations before

Parliament.—

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, or both the Houses agree that the

rule or regulation 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.

56. Application of other laws not barred.—

The provisions of this Act shall be in addition

to, and not in derogation of, any other law

for the time being in force.

57. Act not to prevent use of Aadhaar

number for other purposes under law.—

Nothing contained in this Act shall prevent

the use of Aadhaar number for establishing

the identity of an individual for any purpose,

whether by the State or any body corporate

or person, pursuant to any law, for the time

being in force, or any contract to this effect:

Provided that the use of Aadhaar number

under this section shall be subject to the

procedure and obligations under section 8

and Chapter VI.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1880

58. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Central Government

may, by order, published in the Official

Gazette,

make

such

provisions

not

inconsistent with the provisions of this Act

as may appear to be necessary for removing

the difficulty:

Provided that no such order shall be

made under this section after the expiry of

three years from the commencement of this

Act.

(2) Every order made under this section

shall be laid, as soon as may be after

it

is

made,

before

each

House

of

Parliament.

59. Savings.— Anything done or any action

taken by the Central Government under the

Resolution of the Government of India,

Planning Commission bearing notification

number A-43011/02/2009-Admin. I, dated the

28th January, 2009, or by the Department of

Electronics and Information Technology

under the Cabinet Secretariat Notification

bearing notification number S. O. 2492(E),

dated the 12th September, 2015, as the case

may be, shall be deemed to have been validly

done or taken under this Act.

—————

Notification

10/4/2016-LA

The Bureau of Indian Standards Act, 2016

(Central Act No. 11 of 2016), which has been

passed by Parliament and assented to by

the President on 21-03-2016 and published

in the Gazette of India, Extraordinary,

Part II, Section 1, dated 22-03-2016, is hereby

published for the general information of the

public.

Julio Barbosa Noronha, Under Secretary

(Law).

Porvorim, 26th October, 2016.

THE BUREAU OF INDIAN STANDARDS

ACT, 2016

_________

Arrangement of Sections

_________

CHAPTER I

Preliminary

Sections

1. Short title, extent and commencement.

2. Definitions.

CHAPTER II

Bureau of Indian Standards

,3. Establishment of Bureau and Constitution of

Governing Council.

4. Executive Committee of Bureau.

5. Advisory Committee of Bureau.

6. Vacancies, etc., not to invalidate act or

proceedings.

7. Director General.

8. Officers and employees of Bureau.

9. Powers and functions of Bureau.

CHAPTER III

Indian Standards, Certification and Licence

10.

Indian Standards.

11.

Prohibition to publish, reproduce or record

without authorisation by Bureau.

12.

Conformity Assessment Scheme.

13.

Grant of license or certificate of conformity.

14.

Certification of standard mark of Jewellers and

sellers or certain specified goods or articles.

15.

Prohibition to import, sell, exhibit, etc.

16.

Central Government to direct compulsory ues

of Standard Mark.

17.

Prohibition to manufacture, sell, etc., certain

goods without Standard Mark.

18.

Obligations of licence holder, seller, etc.

CHAPTER IV

Finance, Accounts and Audit

19.

Financial Management of the Bureau of Indian

Standards.

20.

Fund of Bureau.

21.

Borrowing powers of Bureau.

22.

Budget.

23.

Annual report.

24.

Accounts and audit.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1881

Sections

CHAPTER V

Miscellaneous

25.

Power of Central Government to issue

directions.

26.

Restriction on use of name of Bureau and

Indian Standard.

27.

Appointment and powers of certification

officers.

28.

Power to search and seizure.

29.

Penalty for contravention.

30.

Offences by companies.

31.

Compensation for non conforming goods.

32.

Cognizance of offence by courts.

33.

Compounding of offence.

34.

Appeal.

35.

Members, officers and employees of Bureau to

be public servants.

36.

Protection of action taken in goods faith.

37.

Authentication of orders and other instruments

of the Bureau.

38.

Power to make rules.

39.

Power to make regulations.

40.

Rules and Regulations to be laid before

Parliament.

41.

Act not to affect operation of certain Acts.

42.

Power to remove difficulties.

43.

Repeal and savings.

THE BUREAU OF INDIAN STANDARDS

ACT, 2016

AN

ACT

to provide for the establishment of a national

standards body for the harmonious

development of the activities of standard-

isation, conformity assessment and quality

assurance of goods, articles, processes,

systems and services and for matters

connected therewith or incidental thereto.

Be it enacted by Parliament in the Sixty-

-seventh Year of the Republic of India as

follows:—

CHAPTER I

Preliminary

1. Short title, extent and commencement.—

(1) This Act may be called the Bereau of

Indian Standards Act, 2016.

(2) It extends to the whole of India.

(3) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint.

2. Definitions.— In this Act, unless the

context otherwise requires,—

(1) “article” means any substance,

artificial or natural, or partly artificial or

partly natural, whether raw or partly or

wholly processed or manufactured or

handmade within India or imported into

India;

(2) “assaying and hallmarking centre”

means a testing and marking centre

recognised by the Bureau to determine the

purity of precious metal articles and to

apply hallmark on the precious metal

articles in a manner as may be determined

by regulations;

(3) “Bureau” means the Bureau of Indian

Standards established under section 3;

(4) “certification officer” means a

certification officer appointed under sub-

-secton (1) of section 27;

(5) “certified body” means a holder of

certificate of conformity or licence under

sub-section (2) of section 13 in relation to

any goods, article, process, system or

service which conforms to a standard;

(6) “certified jeweller” means a jeweller

who has been granted a certificate by the

Bureau to get manufactured for sale or to

sell any precious metal article after getting

the same hallmarked in a manner as may

be determined by regulations;

(7) “conformity assessment” means

demonstration that requirements as may

be specified relating to an article, process,

system, service, person or body are

fulfilled;

(8) “conformity assessment scheme”

means a scheme relating to such goods,

article, process, system or service as may

be notified by the Bureau under section12;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1882

(9) “consumer” means a person

as defined in the Consumer

Protection Act, 1986;

(10) “covering” includes any stopper,

cask, bottle, vessel, box, crate, cover,

capsule, case, frame, wrapper, bag, sack,

pouch or other container;

(11) “Director General” means the

Director General appointed under sub-

-section (1) of section 7;

(12) “Executive Committee” means the

Executive Committee constituted under

sub-section (1) of section 4;

(13) “fund” means the fund constituted

under section 20;

(14) “goods”includes all kinds

of movable properties under the

Sale of Goods Act, 1930, other than

actionable claims, money, stocks

and shares;

(15) “Governing Council” means a

Governing Council constituted under sub-

-section (3) of section 3;

(16) “Hallmark” means in relation to

precious metal article, the Standard Mark,

which indicates the proortionate content

of precious metal in that article as per the

relevant Indian Standard;

(17) ”Indian Standard” means the

standard including any tentative or

provisional standard established and

published by the Bureau, in relation to any

goods, article, process, system or service,

indicative of the quality and specification

of such goods, article, process, system or

service and includes—

(i) any standard adopted by the

Bureau under sub-section (2) of section

10; and

(ii) any standard established

and published, or recognised,

by the Bureau of Indian

Standards established under

the Bureau of Indian Standard

Act, 1986, which was in force

immediately before the comm-

encement of this Act;

(18) “Indian Standards Institu-

tion” means the Indian Standards

Institution registered under the

Societies Registration Act, 1860;

(19) “jeweller” means a person engaged

in the business to get manufactured

precious metal article for sale or to sell

precious metal articles;

(20) “licence” means a licence granted

under section 13 to use a specified Standard

Mark in relation to any goods, article,

process, system or service, which conforms

to a standard;

(21) “manufacturer” means a person

responsible for designing and manufac-

turing any goods or article;

(22) “mark” includes a device, brand,

heading, lable, ticket, pictorial represen-

tation, name, signature, word, letter or

numeral or any combination thereof;

(23) “member” means a member of the

Governing Council, Executive Committee

or any of the Advisory Committee;

(24) “notification” means a notification

published in the Official Gazette and the

expression “notify” or “notified” shall be

construed accordingly;

(25) “person” means a manufacturer,

an importer, a distributor, retailer, seller

or lessor of goods or article or provider of

service or any other person who uses or

applies his name or trade mark or any other

distinctive mark on to goods or article

or while providing a service, for any

consideration or gives goods or article or

provides service as prize or gift for

commercial purposes including their

representative and any person who is

engaged in such activities, where the

manufacturer, importer, distributor, retailer,

seller, lessor or provider of service cannot

be identified;

(26) “precious metal” means gold, silver,

platinum and palladium;

3 of 1930.

63 of 1986.

21 of 1860.

68 of 1986.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1883

(27) “precious metal article” means any

article made entirely or in part from

precious metals or their alloys;

(28) “precribed” means prescribed by

rules made under this Act;

(29) “process” means a set of inter-

-related or interacting activities, which

transforms inputs into outputs;

(30) “recognised testing and marking

centre” means a testing and marking

center recognised by the Bureau under

sub-section (5) of section 14;

(31) “recognised testing laboratory”

means a testing laboratory recognised

by the Bureau under sub-section (4) of

section 13;

(32) “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;

(33) “regulations” means regulations

made by the Bureau under this Act;

(34) ”sale” means to sell, distribute, hire,

lease or exchange of goods, article,

process, system or service for any

consideration or for commercial purposes;

(35) “seller” means a person who is

engaged in the sale of any goods, article,

process, system or service;

(36) ”service” means the result

generated by activities at the interface

between an organisation and a customer

and by organisation’s internal activities, to

meet customer requirements;

(37) “specification” means a description

of goods, article, process, system or service

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 processing,

consistency and reliability of service

delivery or other characteristics to

distinguish it from any other goods, article,

process, system or service;

(38) “specified” means specified by the

regulations;

(39) “standards” means documented

agreements

containing

technical

specification or other precise criteria to be

used consistently as rules, guidelines, or

definitions of characteristics, to ensure that

goods, articles, processes, systems and

services are fit for their purpose:

(40) “Standard Mark” means the mark

specified by the Bureau, and includes

Hallmark, to represent conformity of goods,

article, process, system or service to a

particular Indian Standard or conformity to

a standard, the mark of which has been

established, adopted or recognised by

the Bureau and is marked on the article

or goods as a Standard Mark or on its

covering or label attached to such goods

or article so marked;

(41) “system” means a set of inter-related

or interacting elements;

(42) “testing laboratory” means a body

set up for the purpose of testing of goods

or article against a set of requirements and

report its findings;

(43) “trade mark” means a mark used or

proposed to be used in relation to goods or

article or process or system or service

for the purpose of indicating, or so as

to indicate, a connection in the course of

trade of goods, article, process, system or

service, as the case may be, 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.

CHAPTER II

Bureau of Indian Standards

3. Establishment of Bureau and Constitu-

tion of Governing Council.— (1) With effect

from such date as the Central Government

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1884

may, by notification in the Official Gazette,

appoint in this behalf, there shall be

established a national body for the purposes

of this Act, a Bureau, to be called the Bureau

of Indian Standards.

(2) The Bureau shall be a body corporate

by the name aforesaid, having perpetual

succession and a common seal, with power,

subject to the provisions of this Act, to

acquire, hold and dispose of property, both

movable and immovable, and to contract and

shall by the said name sue and be sued.

(3) The members of the Governing Council

shall constitute the Bureau and general

superintendence, direction and management

of the affairs of the Bureau shall vest in the

Governing Council, which shall consist of the

following members, namely:—

(a) the Minister in-charge of the Ministry

or Department of the Central Government

having administrative control of the Bureau

who shall be ex officio President of the

Bureau;

(b) the Minister of State or a Deputy

Minister, if any, in the Ministry or

Department of the Central Government

having administrative control of the Bureau

who shall be ex officio Vice-President of

the Bureau, and where there is no such

Minister of State or Deputy Minister, such

person as may be nominated by the Central

Government to be the Vice-President of the

Bureau.

(c) the Secretary to the Government of

India of the Ministry or Department of the

Central Government having administrative

control of the Bureau, ex officio;

(d) the Director General of the Bureau,

ex officio;

(e) such number of other persons to

represent the Government, industry,

scientific and research institutions,

consumers and other interests, as may be

prescribed, to be appointed by the Central

Government.

(4) The term of office of the members

referred to in clause (e) of sub-section (3) and

the manner of filling vacancies among, and

the procedure to be followed in the discharge

of their functions by the members, shall be

such as may be prescribed:

Provided that a member, other

than an ex officio member of

the Bureau of Indian Standards

constituted under the Bureau of

Indian Standards Act, 1986, shall,

after the commencement of this

Act, continue to hold such office

as member till the completion of

his term.

(5) The Governing Council may associate

with itself, in such manner and for such

purposes as may be prescribed, any person

whose assistance or advice it may desire in

complying with any of the provisions of this

Act and a person so associated shall have

the right to take part in the discussions of

the Governing Council relevant to the

purposes for which he has been associated

but shall not have the right to vote.

(6) The Governing Council may, by general

or special order in writing, delegate to any

member, the Director General or any other

person subject to such conditions, if any, as

may be specified in the order, such of its

powers and functions under this Act except

the powers under section 37 as it may deem

necessary.

4. Executive Committee of Bureau.— (1)

The Governing Council may, with the prior

approval of the Central Government, by

notification in the Official Gazette, constitute

an Executive Committee which shall consist

of the following members, namely:—

(a) Director General of the Bureau, who

shall be its ex officio Chairman; and

(b) such number of members, as may be

prescribed.

(2) The Executive Committee constituted

under sub-section (1) shall perform, exercise

and discharge such functions, powers and

duties of the Bureau, as may be delegated to

it by the Governing Council.

63 of 1986.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1885

5. Advisory Committees of Bureau.— (1)

Subject to any regulations made in this behalf,

the Governing Council may, from time to time

and as and when it is considered necessary,

constitute the following Advisory Committees

for the efficient discharge of the functions of

the Bureau, namely:—

(a)

Finance Advisory Committee;

(b) Conformity Assessment Advisory

Committee;

(c)

Standards Advisory Committee;

(d) Testing and Calibration Advisory

Committee; and

(e)

such number of other committees as

may be specified by regulations.

(2) Each Advisory Committee shall consist

of a Chairman and such other members as

may be specifed by regulations.

6. Vacancies, etc., not to invalidate act or

proceedings.— No act or proceedings of the

Governing Council, under section 3 shall be

invalid merely by reason of—

(a) any vacancy in, or any defect in the

constitution of the Governing Council; or

(b) any defect in the appointment of

a person acting as a member of the

Governing Council; or

(c) any irregularity in the procedure of

the Governing Council not affecting the

merits of the case.

7. Director General.— (1) The Central

Government shall appoint a Director General

of the Bureau.

(2) The terms and conditions of service of

the Director General of the Bureau shall be

such as may be prescribed.

(3) Subject to the general superintendence

and control of the Governing Councl, the

Director General of the Bureau shall be the

Chief Executive Authority of the Bureau.

(4) The Director General of the Bureau shall

exercise and discharge such of the powers

and duties of the Bureau as may be specified

by regulations.

(5) The Director General may, by general

or special order in writing, delegate to

any officer of the Bureau subject to such

conditions, if any, as may be specified in the

order, such of his powers and functions as

are assigned to him under the regulations or

are delegated to him by the Governing

Council, as he may deem necessary.

8. Officers and employees of Bureau.— (1)

The Bureau may appoint such other officers

and employees as it considers necessary for

the efficient discharge of its functions under

this Act.

(2) The terms and conditions of service

of officers and employees of the Bureau

appointed under sub-section (1) shall be such

as may be specified by regulations.

9. Powers and functions of Bureau.— (1)

The powers and duties as may be assigned

to the Bureau under this Act shall be

exercised and performed by the Governing

Council and, in particular, such powers may

include the power to—

(a) establish branches, offices or

agencies in India or outside;

(b) recognise, on reciprocal basis or

otherwise, with the prior approval of the

Central Government, the mark of any

international body or institution, on such

terms and conditions as may be mutually

agreed upon by the Bureau in relation to

any goods, article, process, system or

service at par with the Standard Mark for

such goods, article, process, system or

service;

(c) seek recognition of the Bureau and of

the Indian Standards outside India on such

terms and conditions as may be mutually

agreed upon by the Bureau with any

corresponding institution or organisation

in any country or with any international

organisation;

(d) enter into and search places,

premises or vehicles, and inspect and seize

goods or articles and documents to enforce

the provisions of this Act;

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1886

(e) provide services to manufacturers and

consumers of goods or articles or processes

for compliances of standards on such terms

and conditions as may be mutually agreed

upon;

(f) provide training services in relation

to quality management, standards,

conformity assessment, laboratory testing

and calibration, and any other related areas;

(g) publish Indian Standards and sell

such publication and publications of

international bodies;

(h) authorise agencies in India or outside

India for carrying out any or all ativities of

the Bureau and such other purposes as

may be necessary on such terms and

conditions as it deems fit;

(i) obtain membership in regional,

international and foreign bodies having

objects similar to that of the Bureau and

participate in international standards

setting process;

(j) undertake testing of samples for

purposes other than for conformity

assessment; and

(k) undertake activities relating to legal

metrology.

(2) The Bureau shall take all necessary

steps for promotion, monitoring and

management of the quality of goods, articles,

processes, systems and services, as may

be necessary, to protect the interests of

consumers and various other stake holders

which may include the following namely:—

(a) carrying out market surveillance or

survey of any goods, article, process,

system or service to monitor their quality

and publish findings of such surveillance

or surveys;

(b) promotion of quality in connection

with any goods, article, process, system or

service by creating awareness among the

consumers and the industry and educate

them about quality and standards in

connection with any goods, article,

process, system and service;

(c) promotion of safety in connection

with any goods, article, process, system

or service;

(d) identifcation of any goods, articles,

process, system or service for which there

is a need to establish a new Indian

Standard, or to revise an existing Indian

Standard;

(e) promoting the use of Indian

Standards;

(f) recognising or accrediting any

institution in India or outside which is

engaged in conformity certification and

inspection of any goods, article, process,

system or service or of testing laboratories;

(g) co-ordination and promotion of

activities

of

any

association

of

manufacturers or consumers or any other

body in relation to improvement in the

quality or in the implementation of any

quality assurance activities in relation to

any goods, article, process, system or

service; and

(h) such other functions as may be

necessary for promotion, monitoring and

management of the quality of goods,

articles, processes, systems and services

and to protect the interests of consumers

and other stake holders.

(3) The Bureau shall perform its functions

under this section through the Governing

Council in accordance with the direction and

subject to such rules as may be made by the

Central Government.

CHAPTER III

Indian Standards, Certification and Licence

10. Indian Standards,— (1) The standards

established by the Bureau shall be the Indian

Standards.

(2) The Bureau may—

(a) establish, publish, review and

promote the Indian Standard, in relation to

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1887

any goods, article, process, system or

service in such manner as may be

prescribed;

(b) adopt as Indian Standard, any

standard, established by any other

Institution in India or elsewhere, in relation

to any goods, article, process, system or

service in such manner as may be

prescribed;

(c) recognise or accredit any institution

in India or outside which is engaged in

standardisation;

(d) undertake, support and promote

such research as may be necessary for

formulation of Indian Standards.

(3) The Bureau, for the purpose of this

section, shall constitute, as and when

considered necessary, such number of

technical committees of experts for the

formulation of standards in respect of goods,

articles, processes, systems or services, may

be necessary.

(4) The Indian Standard shall be notified

and remain valid till withdrawn by the

Bureau.

(5) Notwithstanding anything contained

in any other law, the copyright in an Indian

Standard or any other publication of the

Bureau shall vest in the Bureau.

11. Prohibition to publish, reproduce or

record without authorisation by Bureau.— (1)

No individual shall, without the authorisation

of the Bureau, in any manner or form, publish,

reproduce or record any Indian Standard or

part thereof, or any other publication of the

Bureau.

(2) No person shall issue a document that

creates, or may create the impression that

it is or contains an Indian Standard, as

contemplated in this Act:

Provided that nothing in this sub-section

shall prevent any individual from making

a copy of Indian Standard for his personal

use.

12. Conformity Assessment scheme.— (1)

The Bureau may notify a specific or different

conformity assessment scheme for any goods,

article, process, system or service or for a

group of goods, articles, processes, systems

or services, as the case may be, with respect

to any Indian Standard or any other standard

in a manner as may be specified by

regulations.

(2) The Bureau may establish a Standard

Mark in relation to each of its conformity

assessment schemes, which shall be of such

design and contain such particulars as may

be specified by regulations to represent a

particular standard.

13. Grant of licence or certificate of

conformity.— (1) A person may apply for

grant of licence or certificate of conformity,

as the case may be, if the goods, article,

process, system or service conforms to an

Indian Standard.

(2) Where any goods, article, process,

system or service conforms to a standard,

the Director General may, by an order,

grant—

(a) a certificate of conformity in a manner

as may be specified by regulations; or

(b) a licence to use or apply a Standard

Mark in a manner as may be specified by

regulations,

subject to such conditions and on payment

of such fees, including late fee or fine, before

or during the operation of the certificate of

conformity or licence, and as determined by

regulations.

(3) While granting a certificate of conformity

or licence to ues a Standard Mark, the Bureau

may, by order, specify the marking and

labelling requirements that shall necessarily

be affixed as may be specified from time

to time.

(4) The Bureau may establish, maintain

or recognise testing laboratories for the

purposes of conformity assessment and

quality assurance and for such other

purposes as may be required for carrying

out its functions.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1888

14. Certification of Standard Mark of

jewellers and sellers of certain specified goods

or articles.— (1) The Central Government,

after consulting the Bureau, may notify

precious metal articles or other goods or

articles as it may consider necessary, to be

marked with a Hallmark or Standard Mark,

as the case may be, in a manner as specified

in sub-section (2).

(2) The goods or articles notified in sub-

-section (1) may be sold through retail outlets

certified by the Bureau after such goods or

articles have been assessed for conformity to

the relevant standard by testing and marking

centre, recognised by the Bureau and marked

with Hallmark or Standard Mark, as the case

may be, as specified by regulations.

(3) The Central Government may, after

consulting the Bureau, by an order published

in the Official Gazette, make it compulsory

for the sellers of goods or article notified

under sub-section (1) to be sold only through

certified sales outlets fulfilling such conditions

as may be determined by regulations.

(4) The Bureau may, by an order, grant,

renew, suspend or cancel certification of

Standard Mark or Hallmark of a jeweller or

any other seller for sale of goods or articles

notified under sub-section (1) in such manner

as may be determined by regulations.

(5) The Bureau may eatablish, maintain and

recognise testing and marking centres,

including assaying and hallmarking centres,

for conformity assessment and application

of Standard Mark, including Hallmark, on

goods or articles notified under sub-section

(1), in a manner as may be specified by

regulations.

(6) No testing and marking centre or

assaying and hallmarking centre, other than

the recognised by the Bureau, shall with

respect to goods or articles notified under

sub-section (1), use, affix, emboss, engrave,

print or apply in any manner the Standard

Mark, including the Hallmark, or colourable

imitation thereof, on any goods or article; and

make any claim in relation to the use and

application of a Standard Mark, including the

Hallmark, through Advertisements, sales

promotion leaflets, price lists or the like.

(7) Every recognised testing and marking

certre, including assaying and hallmarking

centre, shall use or apply Standard Mark on

good or articles notified under sub-section

(1), including Hallmark on precious metal

articles, after accurately determining the

conformity of the same in a manner as may

be specified.

(8) No recognised testing and marking

center, including assaying and hallmarking

centre, shall, notwithstanding that it has been

recognised under sub-section (5), use or

apply in relation to any goods or article

notified under sub-section (1) a Standard

Mark, including Hallmark, or any colourable

imitation thereof, unless such goods or article

conforms to the relevant standard.

15. Prohibition to import, sell, exhibit, etc.—

(1) No person shall import, distribute, sell,

store or exhibit for sale, any goods or article

under sub-section (1) of section 14, except

under certification from the Bureau.

(2) No person, other than that certified by

the Bureau, shall sell or display or offer to

sell goods or articles that are notified under

sub-section (3) of section 14 and marked with

the Standard Mark, including Hallmark and

claim in relation to the Standard Mark,

including Hallmark, through advertisements,

sales promotion leaflets, price lists or the like.

(3) No certified jeweller or seller shall sell

or display or offer to sell any notified goods

or articles, notwithstanding that he has been

granted certification, with the Standard Mark,

including Hallmark, or any colourable

imitation thereof, unless such goods or article

is marked with a Standard Mark or Hallmark,

in a manner as may be specified by

regulations, and unless such goods or article

conforms to the relevant standard.

16.

Central

Government

to

direct

compulsory use of Standard Mark.— (1) If

the Central Government is of the opinion that

it is necessary or expedient so to do in the

public interest or for the protection of human,

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1889

animal or plant health, safety of the

environment, or prevention of unfair trade

practices, or national security, it may, after

consulting the Bureau, by an order published

in the Official Gazette, notify—

(a) goods or article of any scheduled

industry, process, system or service; or

(b) essential requirements to which such

goods, article, process, system or service,

which shall conform to a standard and direct

the use of the Standard Mark under a licence

or certificate of conformity as compulsory on

such goods, article, process, system or

service.

Explanation.— For the purpose of this

sub-section,—

(i) the expression “scheduled

industry” shall have the meaning

assigned to it in the Industries

(Development and Regulation)

Act, 1951;

(ii) it is hereby clarifide that essential

requirements are requirements, expressed

in terms of the parameters to be achieved

or requirements of standard in technical

terms that effectively ensure that any

goods, article, process, system or service

meet the objective of health, safety and

environment.

(2) The Central Government may, by an

order authorise Bureau or any other agency

having necessary accreditation or recognition

and valid approval to certify and enforce

conformity to the relevant standard or

prescribed essential requirements under

sub-section (1).

17. Prohibition to manufacture, sell, etc.,

certain goods without Standard Mark.— (1)

No person shall manufacture, import,

distribute, sell, hire, lease, store or exhibit for

sale any such goods, article, process, system

or service under sub-section (1) of section

16—

(a) without a Standard Mark, except

under a valid licence; or

(b) notwithstanding that he has been

granted a licence, apply a Standard Mark,

unless such goods, article, process, system

or service conforms to the relevant

standard

or

prescribed

essential

requirements.

(2) No person shall make a public claim,

through advertisements, sales promotion

leaflets, price lists or the like, that his goods,

article, process, system or service conforms

to an Indian Standard or make such a

declaration on the goods or article, without

having a valid certificate of conformity or

licence from the Bureau or any other authority

approved by the Central Government under

sub-section (2) of section 16.

(3) No person shall use or apply or purport

to use or apply in any manner, in the

manufacture, distribution, sale, hire, lease or

exhibit or offer for sale of any goods, article,

process, system or service, or in the title of

any patent or in any trade mark or design, a

Standard Mark or any colourable imitation

thereof, except under a valid licence from the

Bureau.

18. Obligations of licence holder, seller,

etc.— (1) The licence holder shall, at all times,

remain responsible for conformance of the

goods, articles, processes, systems or services

carrying the Standard Mark.

(2) It shall be the responsibility of the

distributor or the seller, as the case may be,

to ensure that goods, articles, processes,

systems or services carrying the Standard

Mark are purchased from certified body or

licence holder.

(3) It shall be the responsibility of the seller

before the goods or article is sold or offered

to be sold or exhibited or offered for sale to

ensure that—

(a) goods, articles, processes, systems or

services carrying the Standard Mark bear

the requisite labels and marking details,

as specified by the Bureau from time to

time;

(b)

the

marking

and

labelling

requirements on the product or covering

65 of 1951.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1890

is displayed in a manner that has been

specified by the Bureau.

(4) Every certified body or licence holder

shall supply to the Bureau with such

information and with such samples of any

material or substance used in relation to any

goods, article, process, system or service, as

the case may be, as the Bureau may require

for monitoring its quality and for the recovery

of the fee as may be prescribed in the

certificate of conformity or the licence.

(5) (a) The Bureau may make such

inspection and take such samples of any

material or substances as may be necessary

to see whether any goods, article, process,

system or service, in relation to which a

Standard Mark has been used, conforms to

the requirements of the relevant standard

or whether the Standard Mark has been

properly used in relation to any goods, article,

process, system or service with or without

a licence.

(b) The Bureau may publicise the results

of its findings and the directions given in

pursuance thereof.

(6) If the Bureau is satisfied under the

provisions of sub-sections (4) and (5) that

the goods, articles, processes, systems or

services in relation to which a Standard

Mark has been used do not conform to the

requirements of the relevant standard, the

Bureau may direct the certified body or

licence holder or his representative to stop

the supply and sale of non-conforming goods

or articles and recall the non-conforming

goods or articles that have already been

supplied or offered for sale and bear such

mark from the market or any such place from

where they are likely to be offered for sale or

prohibit to provide the service.

(7) Where a certified body or licence holder

or his representative has sold goods, articles,

processes, system or services, which bear a

Standard Mark or any colourable imitation

thereof, which do not conform to the relevant

standard, the Bureau shall direct the certified

body or licence holder or his representative

to—

(a) repair or replace or reprocess the

standard marked goods, article, process,

system or service in a manner as may be

specified; or

(b) pay compensation to the consumer

as may be prescribed by the Bureau; or

(c) be liable for the injury caused by

non-conforming goods or article, which

bears a Standard Mark, as per the

provisions of section 31.

CHAPTER IV

Finance, Accounts and Audit

19. Financial Management of Bureau of

Indian Standards.— The Central Government

may, after due appropriation made by

Parliament by law in this behalf, make to the

Bureau grants and loans of such sums of

money as the Government may consider

necessary.

20. Fund of Bureau.— (1) There shall be

constituted a fund to be called the Bureau of

Indian Standards fund and there shall be

credited thereto—

(a) any grants and loans made to the

Bureau by the Central Government;

(b) all fees and charges received by the

Bureau under this Act;

(c) all fines received by the Bureau;

(d) all sums received by the Bureau from

such other sources as may be decided upon

by the Central Government.

(2) The fund shall be applied for meeting—

(a) the salary, allowances and other

remuneration of the members, Director

General, officers and other employees of

the Bureau;

(b) expenses of the Bureau in the

discharge of its functions under the Act;

and

(c) expenses on objects and for purposes

authorised by this Act:

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1891

Provided that the fines received in clause

(c) of sub-section (1) shall be used for

consumer awareness, consumer protection

and promotion of quality of goods, articles,

processes, system or services in the country.

21. Borrowing powers of Bureau.— (1) The

Bureau may, with the consent of the Central

Government or in accordance with the terms

of any general or special authority given to it

by the Central Government, borrow money

from any source as it may deem fit for

discharging all or any of its functions under

this Act.

(2) The Central Government may guarantee

in such manner as it thinks fit, the repayment

of the principal and the payment of interest

thereon with respect to the loans borrowed

by Bureau under sub-section (1).

22. Budget.— The Bureau shall prepare, in

such form and at such time in each financial

year as may be prescribed, its budget for the

next financial year, showing the estimated

receipts and expenditure of the Bureau and

forward the same to the Central Government.

23. Annual report.— (1) The Bureau shall

prepare, in such form and at such time in

each financial year as may be prescribed, its

annual report, giving a full account of its

activities during the previous financial year,

and submit a copy thereof to the Central

Government.

(2) The Central Government shall cause the

annual report to be laid, as soon as may be

after it is received, before each House of

Parliament.

24. Accounts and audit.— (1) The Bureau

shall maintain proper accounts and other

relevant records and prepare an annual

statement of accounts, in such form as may

be prescribed by the Central Government in

consultation with the Comptroller and

Auditor-General of India.

(2) The accounts of the Bureau shall be

audited by the Comptroller and Auditor-

-General of India at such intervals as may

be specified by him and any expenditure

incurred in connection with such audit shall

be payable by the Bureau to the Comptroller

and Auditor-General of India.

(3) The Comptroller and Auditor-General

of India and any person appointed by him in

connection with the audit of the accounts of

the Bureau shall have the same rights and

privileges and the authority in connection

with such audit as the Comptroller and

Auditor-General of India generally has in

connection with the audit of Government

accounts and, in particular, shall have the

right to demand the production of books,

accounts, connected vouchers and other

documents and papers and to inspect any

office of the Bureau.

(4) The accounts of the Bureau as certified

by the Comptroller and Auditor-General of

India or any other person appointed by him

in this behalf together with the audit report

thereon shall be forwarded annually to the

Central Government and that Government

shall cause the same to be laid before each

House of Parliament.

CHAPTER V

Miscellaneous

25. Power of Central Government to issue

directions.— (1) Without prejudice to the

foregoing provisions of this Act, the Bureau

shall, in the exercise of its powers or the

performance of its functions under this Act,

be bound by such directions on questions of

policy as the Central Government may give

in writing to it from time to time:

Provided that the Bureau shall, as far as

practicable, be given an opportunity to

express its views before any direction is given

under this sub-section.

(2) The decision of the Central Government

whether a question is one of policy or not

shall be final.

(3) The Central Government may take such

other action as may be necessary for the

promotion, monitoring and management of

quality of goods, articles, processes, systems

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1892

and services and to protect the interests of

consumers and various other stakeholders

and notify any other goods, articles,

processes, systems and services for the

purpose of sub-section (1) of section 16.

26. Restriction on use of name of Bureau

and Indian Standard.— (1) No person shall,

with a view to deceive or likely to deceive

the public, use without the previous

permission of the Bureau,—

(a) any name which so nearly resembles

the name of the Bureau as to deceive or

likely to deceive the public or the name

which contains the expression “Indian

Standard” or any abbreviation thereof; or

(b) 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.

(2) 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

mark; 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 sub-section (1).

(3) If any question arises before a

registering authority whether the use of any

name or mark is in contravention of sub-

-section (1), the registering authority may

refer the question to the Central Government

whose decision thereon shall be final.

27. Appointment and powers of certification

officers.— (1) The Bureau may appoint as

many certification officers as may be

necessary for the purpose of inspection

whether any goods, article, process, system

or service in relation to which the Standard

Mark has been used conforms to the relevant

standard or whether the Standard Mark has

been properly used in relation to any goods,

article, process, system or service with

or without licence, and for performing

such other functions as may be assigned to

them.

(2) Subject to any rules made under this

Act, a certification officer shall have power

to—

(a) inspect any operation carried on in

connection with any goods, article, process,

system or service in relation to which the

Standard Mark has been used; and

(b) take samples of any goods or article

or of any material or substance used in

any goods, article, process, system or

service, in relation to which the Standard

Mark has been used.

(3) Every certification officer shall be

furnished by the Bureau with a certificate of

appointment as a certification officer, and the

certificate shall, on demand, be produced by

the certification officer.

(4) Every certified body or licence holder

shall—

(a) provide reasonable facilities to

certification officer to enable him to

discharge the duties imposed on him;

(b) inform certification officer or the

Bureau of any change in the conditions

which were declared or verified by the

certification officer or the Bureau at the

time of grant of certificate of conformity or

licence.

(5) Any information obtained by a

certification officer or the Bureau from any

statement made or information supplied or

any evidence given or from inspection made

under the provisions of this Act shall be

treated as confidential:

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1893

Provided that nothing shall apply to the

disclosure of any information for the purpose

of prosecution and protection of interest of

consumers.

28. Power to search and seizure.— (1) If

the certification officer has reason to believe

that any goods or articles, process, system or

service in relation to which the contravention

of section 11 or sub-sections (6) or (8) of

section 14 or section 15 or section 17 has

taken place are secreted in any place,

premises or vehicle, he may enter into and

search such place, premises or vehicle for

such goods or articles, process, system or

service, as the case may be.

(2) Where, as a result of any search made

under sub-section (1), any goods or article,

process, system or service has been found in

relation to which contravention of section 11

or sub-section (6) or (8) of section 14 or

section 15 or section 17 has taken place, the

certification officer may seize such goods or

article and other material and documents

which, in his opinion will be useful for, or

relevant to any proceeding under this Act:

Provided that where it is not practicable to

seize any such goods or article or material or

document, the certification officer may serve

on the owner an order that he shall not

remove, part with, or otherwise deal with,

the goods or article or material or document

except with the previous permission of the

certification officer.

(3) The provision of the Code of

Criminal Procedure, 1973, relating to

searches and seizures shall, so far as

may be, apply to every search or

seizure made under this section.

29. Penalty for contravention.— (1) Any

person who contravenes the provisions of

section 11 of sub-section (1) of section 26 shall

be punishable with fine which may extend

to five lakh rupees.

(2) Any person who contravenes the

provisions of sub-section (6) or (8) of section

14 or section 15 shall be punishable with

imprisonment for a term which may extend

to one year or with fine which shall not be

less than one lakh rupees, but may extend

up to five times the value of goods or articles

produced or sold or offered to be sold or

affixed or applied with a Standard Mark

including Hallmark, or with both:

Provided that where the value of goods or

articles produced or sold or offered to be sold

cannot be determined, it shall be presumed

that one year’s production was in such

contravention and the annual turnover in

the previous financial year shall be taken

as the value of goods or articles for such

contravention.

(3) Amy person who contravenes the

provisions of section 17 shall be punishable

with imprisonment for a term which may

extend up to two years or with fine which

shall not be less than two lakh rupees for the

first contravention and not be less than five

lakh rupees for the second and subsequent

contraventions, but may extend up to ten

times the value of goods or articles produced

or sold or offered to be sold or affixed or

applied with a Standard Mark, including

Hallmark, or with both:

Provided that where the value of goods or

articles produced or sold or offered to be sold

cannot be determined, it shall be presumed

that one year’s production was in such

contravention and the annual turnover in

the previous financial year shall be taken as

the value of goods or articles for such

contravention.

(4) The offence under sub-section (3) shall

be cognizable.

30. Offences by companies.— Where an

offence under this Act has been committed

by a company, every director, manager,

secretary or other officer of the company who,

at the time the offence was committed, was

in charge of and was responsible to the

company for the conduct of the business of

the company, or authorised representative of

2 of 1974.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1894

the company as well as the company, shall

be deemed to be guilty of the offence and

shall be liable to be proceeded against and

punished accordingly, irrespective of the fact

that the offence has been committed with or

without the consent or connivance of, or is

attributable to any neglect on the part of any

director, manager, secretary or other officer

of the company, or authorised representative

of the company.

Explanation.— For the purposes of this

section,—

(a) “company” means a body corporate

and includes a firm or other association of

individuals; and

(b) “director”, in relation to a firm, means

a partner in the firm.

31. Compensation for non-conforming

goods.— Where a holder of licence or

certificate of conformity or his representative

has sold any goods, article, process, system

or service, which bears a Standard Mark not

conforming to the relevant standard, or with

colourable imitation, the certified body or

licence holder of his representative shall be

liable to compensate the consumer for the

injury caused by such non-conforming goods,

article, process, system or service in such

manner as may be prescribed.

32. Cognizance of offence by courts.— (1)

No court inferior to that of a Metropolitan

Magistrate or a Judicial Magistrate of the first

class, specially empowered in this behalf,

shall try any offence punishable under this

Act.

(2) No court shall take cognizance of any

offence punishable under this Act save on a

complaint made by—

(a) or under the authority of the Bureau;

or

(b) any police officer, not below the rank

of deputy superintendent of police or

equivalent; or

(c) any authority notified under sub-

-section (2) of section 16; or

(d) any officer empowered under the

authority of the Government; or

(e) any consumer; or

(f) any association.

(3) Any police officer not below the rank of

deputy superintendent of police or equivalent,

may, if he is satisfied that any of the offences

referred to in sub-section (3) of section 29

has been, is being, or is likely to be,

committed, search and seize without warrant,

the goods, die, block, machine, plate, other

instruments or things involved in committing

the offence, wherever found, and all the

articles so seized shall, as soon as practicable,

be produced before a Magistrate as

prescribed under sub-section (1).

(4) The court may direct that any property

in respect of which the contravention has

taken place shall be forfeited to the Bureau.

(5) The court may direct that any fine, in

whole or any part thereof, payable under the

provisions of this Act, shall be payable to the

Bureau.

33. Compounding of offence.— (1)

Notwithstanding anything contained

in the Code of Criminal Procedure,

1973, any offence committed for the

first time, punishable under this Act,

not being an offence punishable with

imprisonment only, or with imprison-

ment only, or with imprisonment and

also with fine, may, either before or

after the institution of any prosecution,

be compounded by an officer so

authorised by the Director General, in

such manner as may be prescribed:

Provided that the sum so specified shall

not in any case exceed the maximum amount

of the fine which may be imposed under

section 29 for the offence so compounded;

and any second or subsequent offence

committed after the expiry of a period of three

years from the date on which the offence was

previously compounded shall be deemed to

be an offence committed for the first time.

2 of 1974.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1895

(2) Every officer referred to in sub-section

(1) shall exercise the powers to compound

an offence, subject to the direction, control

and supervision of the Bureau.

(3) Every application for the compounding

of an offence shall be made in such manner

as may be prescribed.

(4) Where any offence is compounded

before the institution of any prosecution, no

prosecution shall be institution in relation to

such offence against the offender in relation

to whom the offence is so compounded.

(5) Where the composition of any offence

is made after the institution of any

prosecution, such composition shall be

brought to the notice of the court in which

the prosecution is pending in writing by the

officer referred to in sub-section (1), and on

such notice of the composition of the offence

being given and its acceptance by the court,

the person against whom the offence is so

compounded shall be discharged.

34. Appeal.— (1) Any peson aggrieved by

an order made under section 13 or sub-

-section (4) of section 14 or section 17 of this

Act may prefer an appeal to Director General

of the Bureau within such period as

prescribed.

(2) No appeal shall be admitted if it is

preferred after the expiry of the period

prescribed therefor:

Provided that an appeal may be admitted

after the expiry of the period prescribed

therefor if the appellant satisfies the Director

General that he had sufficient cause for not

preferring the appeal within the prescribed

period.

(3) Every appeal made under this section

shall be made in such form and shall be

accompanied by a copy of the order appealed

against and by such fees as may be

prescribed.

(4) The procedure for disposing of an

appeal shall be such as may be prescribed:

Provided that before disposing of an appeal,

the appellant shall be given a reasonable

opportunity of being heard.

(5) The Director General may suo motu or

on an application made in the manner

prescribed review the order passed by any

officer to whom the power has been

delegated by him.

(6) Any person aggrieved by an order made

under sub-section (1) or sub-section (5) may

prefer an appeal to the Central Government

having administrative control of the Bureau

within such period as may be prescribed.

35.

Members, officers, and

employees of Bureau to be public

servants.— All members, officers

and other employees of the Bureau

shall be deemed, when acting or

purporting to act in pursuance of

any of the provisions of this Act, to

be public servants within the

meaning of section 21 of the Indian

Penal Code.

36. Protection of action taken in good

faith.— No suit, prosecution or other legal

proceeding shall lie against the Government

or any officer of the Government or any

member, officer or other employee of the

Bureau for anything which is in done or

intended to be done in good faith under this

Act or the rules or regulations made

thereunder.

37. Authentication of orders and other

instruments of Bureau.— All order and

decisions of, and all other instruments issued

by, the Bureau shall be authenticated by the

signature of such officer or officers as may be

authorised by the Bureau in this Behalf.

38. Power to make rules.— The Central

Government may, by notification in the Official

Gazette, make rules for carrying out the

purposes of this Act.

39. Power to make regulations.— The

Executive Committee may, with the previous

45 of 1860.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES I No. 44

2ND FEBRUARY, 2017

1896

approval of the Central Government, by

notification in the Official Gazette, make

regulations consistent with this Act and the

rules to carry out the purposes of this Act.

40. Rules and regulations to be laid before

Parliament.— Every rule and every regulaton

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 or both Houses agree

that the rule or regulation 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.

41. Act not to affect operation of

certain Acts.— Nothing in this Act

shall affect the operation of the

Agricultural Produce (Grading and

Marking) Act, 1937 or the Drugs and

Cosmetics Act, 1940, or any other

law for the time being in force,

which deals with any standard-

isation or quality control of any

goods, article, process, system or

service.

42. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Central Government

may, by order, published in the Official

Gazette, make such provisions not inconsistent

with the provisions of this Act as may appear

to be necessary for removing the difficulty:

Provided that no order shall be made under

this section after the expiry of two years from

the commencement of this Act.

(2) Every order made under this section

shall be laid, as soon as may be after it is

made, before each House of Parliament.

43. Repeal and savings.— (1) The

Bureau of Indian Standards Act,

1986 is hereby repealed.

(2) Notwithstanding such repeal, anything

done or any action taken or purported to have

done or taken including any rule, regulation,

notification, scheme, specificaton, Indian

Standard, Standard Mark, inspection order or

notice made, issued or adopted, or any

appointment, or declaration made or any

licence,

permission,

authorisation

or

exemption granted or any document or

instrument executed or direction given or any

proceedings taken or any penalty or fine

imposed under the Act hereby repealed shall,

in so far as it is not inconsistent with the

provisions of this Act, be deemed to have

been done or taken under the correspon-

ding provisions of this Act.

(3) The mention of particular

matters in sub-section (2) shall not

be held to prejudice or affect the

general application of section 6 of

the General Clauses Act, 1897 with

regard to the effect of repeal.

1 of 1937.

23 of 1940.

10 of 1897.

www.goaprintingpress.gov.in

Printed and Published by the Director, Printing & Stationery,

Government Printing Press,

Mahatma Gandhi Road, Panaji-Goa 403 001.

PRICE – Rs. 36.00

PRINTED AT THE GOVERNMENT PRINTING PRESS, PANAJI-GOA—326/350—2/2017.

63 of 1986.