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
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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.
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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;
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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
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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.
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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
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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
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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.
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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
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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
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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.
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(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-
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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.
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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;
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(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.
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(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.
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(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;
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(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;
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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.
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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.
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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;
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(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.
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(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
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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.
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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;
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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
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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.
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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,
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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
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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:
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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
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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:
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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.
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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.
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(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.
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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.
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63 of 1986.