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Search Results Judgments > Act:Bureau of Indian Standards Rules

Sep 30 2004

Krishna Foods and Acqua Minerals Vs. Government of India, Ministry of ...

  • Decided on : 30-Sep-2004

Court : Andhra Pradesh

Reported in : 2004(6)ALD338; 2004(6)ALT4

... Rules. It was also contended that the rule making authority did not follow the procedure prescribed under the provisions of the PFA Act before the rules, were promulgated. It was also contended that as per Rule 7(7) of the Bureau of Indian Standards Rules, 1987 (for short 'BIS Rules'), it is optional for the industries to get the Bureau of Indian Standards ... Bureau of Indian Standards Rules, 1987 (for short 'BIS Rules'), it is optional for the industries to get the Bureau of Indian Standards Certification.7. It was also contended that the procedure prescribed for making compulsory use of standard mark for articles and process to certain schedule industries was not followed by the respondents before making applicable to 'packaged drinking water'. Section 14 of the Bureau of Indian Standards ... rule making authority did not follow the procedure prescribed under the provisions of the PFA Act before the rules, were promulgated. It was also contended that as per Rule 7(7) of the Bureau of Indian Standards Rules, 1987 (for short 'BIS Rules'), it is optional for the industries to get the Bureau of Indian Standards Certification.7. It was also contended that the procedure prescribed for making compulsory use of standard ...

Apr 15 2005

Federation Of Packaged Drinking Water Manufacturers Vs. Union of India ...

  • Decided on : 15-Apr-2005

Court : Gujarat

Reported in : AIR2005Guj270; 2006FAJ265; (2006)1GLR528

... Rule-6 of the Bureau of Indian Standards Rules, 1987 deals with the powers of the Executive Committee and the Executive Committee shall perform, exercise and discharge such of the functions, powers and duties as may be delegated to it by the Bureau. Rule-7 of the aforesaid Rules, 1987 deals with establishment, publication and promotion of Indian standards and since the Rule ... Rules called 'Bureau of Indian Standards, 1987'. Rule-7 of the said Rules provide for establishment, publication and promotion of Indian Standards and sub-rule (6) of Rule-7 prescribes procedure for establishment of the Indian Standards. It is also further submitted that Bureau of Indian Standards in exercise of the powers conferred by Section 38 of the Act, has made Regulations named 'Bureau of Indian Standard ... standard, the Tentative Indian Standard shall lapse after its validity period.(g) Tentative Indian Standard shall be gazetted in accordance with clause (b) of sub-rule (1) of rule 7.' Rule-9 of the said Rules deals with 'Standard Mark' which provides that the standard mark in relation to each Indian Standard shall be published by the Bureau in the Official Gazette provided that the Bureau may amend or rescind any Standard Mark so published. Sub-rule ...

Jul 22 2013

M/S KUTCH BRINE CHEM INDUSTRIES Vs. THE STATE OF MADHYA PRADESH

  • Decided on : 22-Jul-2013

Court : Madhya Pradesh

... rule which contemplates payment of a fee for using the standard mark and establishment of laboratories for sampling of products with standard mark as contained in Section 10 of the Bureau of Indian Standards Rules, 1987 and argued that when a product is marked with an ISI marking which is given on the basis of form No.1 under regulation 3 of the Bureau of Indian Standards ... standard mark as contained in Section 10 of the Bureau of Indian Standards Rules, 1987 and argued that when a product is marked with an ISI marking which is given on the basis of form No.1 under regulation 3 of the Bureau of Indian Standards (Certification) Regulations, 1988, certain 8 statutory duty is imposed upon the supplier to maintain a particular standard ... Bureau of Indian Standards Rules, 1987 and argued that when a product is marked with an ISI marking which is given on the basis of form No.1 under regulation 3 of the Bureau of Indian Standards (Certification) Regulations, 1988, certain 8 statutory duty is imposed upon the supplier to maintain a particular standard and certain checking and inspecting powers are available under the rules ...

Aug 13 1997

Hem Plast Health Care Pvt. Ltd., Baroda Vs. State of Gujarat and Ors.

  • Decided on : 13-Aug-1997

Court : Gujarat

Reported in : AIR1998Guj23; (1998)1GLR464

... Rules and the Indian Standard prescribed under Bureau of Indian Standard Acts, 1986 hardly had any difference, and, they were almost identical except in case of 'pH factor' for which the limits were indicated in the standards prescribed under the Bureau of Indian Standards Act while there was no reference to it in the standards prescribed in Schedule F(II) of under Rule 124-C of the Drugs and Cosmetics Rules ... standards prescribed for the surgical dressings under the Drugs and Cosmetics Rules and the Indian Standard prescribed under Bureau of Indian Standard Acts, 1986 hardly had any difference, and, they were almost identical except in case of 'pH factor' for which the limits were indicated in the standards prescribed under the Bureau of Indian Standards Act while there was no reference to it in the standards ... standards which may also be prescribed in respect of such goods under Bureau of Indian Standards Act would not be applicable. Therefore, there is no scope for an argument that if the petitioner's absorbent gauze and bandage cloth comply with the standards under F(II) of the Drugs and Cosmetics Rules, the respondent authorities are not justified in insisting upon the standard under the Bureau of Indian Standards ...

Aug 29 2002

Cauvery Mineral Waters Private Limited Vs. Bureau of Indian Standards ...

  • Decided on : 29-Aug-2002

Court : Karnataka

Reported in : 2002CriLJ4779; ILR2002KAR4791; 2003(1)KarLJ265

... Bureau of Indian Standards Act, 1986, the rule which provides for certification under the authorities constituted under the Bureau of Indian Standards Act is not correct. The industry in question which manufactures packaged drinking water is not a schedule industry under the above said enactments. But, the amended rules provide for certification regarding ISI mark and therefore, the certification if any is only under the amended rules ... rules is valid in law.11. The learned Counsel for the petitioner nextly submitted that since the industry which produces packaged drinking water is not a schedule industry under the Industrial Development and Regulation Act and also under the Bureau of Indian Standards Act, 1986, the rule which provides for certification under the authorities constituted under the Bureau of Indian Standards ... the size of each letter as prescribed in Rule 36:PACKAGED DRINKING WATER'; (ii) in Rule 49, after sub-rule (27), the following sub-rule shallbe inserted, namely.-- J '(28) No person shall manufacture, sell or exhibit for sale packaged drinking water except under the Bureau of Indian Standards Certification Mark'; (iii) in Appendix 'B' after Item ... amendment to Rule 42 of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as 'Rules 1955').2. In one of the writ petitions the petitioner has sought for quashing of the communication in letter bearing No. MDBN/L-696380, dated 16-11-2001 issued by the Bureau of Indian Standards, New Delhi, ...

Feb 28 2012

Pepsico India Holdings Pvt. Ltd and Another Vs. Union Of India

  • Decided on : 28-Feb-2012

Court : Delhi

... Bureau of Indian Standard Certification mark. Sub-rule 28 to Rule 49 is extracted herein below for ease of reference:-49. Conditions for sale (1) .. (28) No person shall manufacture, sell or exhibit for sale packaged drinking water except under the Bureau of Indian Standards Certification Mark. 4. Simultaneously, the Central Government also inserted Entry A-33 to Appendix B of the Rules specifying the standards ... Rules, 1955 (hereinafter referred to as the PFA Rules) was inserted restricting manufacture, sale or exhibition for sale of packaged drinking water except under the Bureau of Indian Standard Certification mark. Sub-rule 28 to Rule 49 is extracted herein below for ease of reference:-49. Conditions for sale (1) .. (28) No person shall manufacture, sell or exhibit for sale packaged drinking water except under the Bureau of Indian Standards ... Bureau of Indian Standard certification mark. Thus, there is a clear legal requirement making the Bureau of Indian Standard certification mark compulsory for manufacture, sale or exhibition for sale of 'packaged drinking water' and 'mineral water'. Even an order of the Central Government could have been enough for making the Indian Standard as a binding requirement.44. The expression "in a Legislation" employed in Sub-rule (7)(b) of Rule ...

Jul 02 2007

Everest Sanitation (India) and Anr. Vs. Delhi Jal Board and Ors.

  • Decided on : 02-Jul-2007

Court : Delhi

Reported in : 148(2008)DLT26

... Section 33 which prescribes penalty for improper use of standard mark. It was also contended that in terms of Bureau of Indian Standards Rules, particularly, Rules 10, 11 and 12, the licensees are permitted to affix the authorized mark on the products only after the bids is satisfied that its processes are in conformity with the prescribed standards. In the absence of any similar elaborate mechanism ... of standard mark etc. The petitioner also relied upon enforcement powers under Section 25 and 26 of the bids Act which enable inspecting officers to make surprise inspections and take coercive action. Further reliance has been placed upon Section 33 which prescribes penalty for improper use of standard mark. It was also contended that in terms of Bureau of Indian Standards Rules, particularly, Rules 10, ... the water meters itself at the stage of acceptance or insisting that at the stage of pre-tendering they should be tested by official agencies and/or agencies under Rule 11 of the Bureau of Indian Standards Rules 1987.40. The petition is allowed to the above extent. No costs. ... use of ISI Standard Mark, issued by the Indian Standards Institution, by virtue of the Indian Standards Institution (Certification Marks) Act, 1952. It is averred that the use of ISI Standard Mark is governed by the provisions of Bureau of Indian Standards Act, 1986 (hereafter referred to as 'BIS') Act as well as the Rules and Regulations framed under that Act. The bids has spelt out standards applicable to ...

May 26 2003

Anil Kumar Gupta Vs. Municipal Corporation of Delhi and Ors.

  • Decided on : 26-May-2003

Court : Delhi

Reported in : 113(2004)DLT3

... the rules for the same through Prevention of Food Adulteration (Amendment) Rules, 2000 to lay down the standards for the packaged drinking water (other than mineral water).3. The petitioners applied for a license to the respondent No. 4 Bureau under the Bureau of Indian Standards Act, 1986 and were issued an appropriate license, The specifications are provided under the Indian Standards ... Rules, 2000 to lay down the standards for the packaged drinking water (other than mineral water).3. The petitioners applied for a license to the respondent No. 4 Bureau under the Bureau of Indian Standards Act, 1986 and were issued an appropriate license, The specifications are provided under the Indian Standards for Packaged Drinking Water (other than packaged natural mineral water). Para 3.2 of the said standards ... water. However, the rules and the norms laid down for packaged drinking water are under specialised Act and license has been issued under the Bureau of Indian Standards Act, 1986. The rules framed under Section 23 of the PFA Act have been amended by the Gazette Notification of 29th September, 2000 to include Sub-rule (28) prescribing that ... jurisdiction of the respondent MCD. Respondent No. 4 Bureau of Indian Standards stated to be the Competent Authority under the rules framed in terms of Section 23 of the Prevention of Food Adulteration Act 1954 (hereinafter to be referred to as 'the PFA Act') to certify the standard, conditions of preparation of packaged drinking water as also ...

Nov 21 2008

Bureau of Indian Standards Vs. Pepsico India Holdings P. Ltd. and Anr. ...

  • Decided on : 21-Nov-2008

Court : Delhi

Reported in : 155(2008)DLT588

... Rules provides as under: (28) No person shall manufacture, sell or exhibit for sale packaged drinking water except under the Bureau of Indian Standards Certification Mark. (D) Hence, in consonance with the above provisions of law, the labeling prohibitions in Clause 7.2 of IS 14543 : 2004 have been formulated by the Bureau under the Bureau of Indian Standards Act 1986 read with the Rules ... Rule 49 (28) of the PFA Rules provides as under: (28) No person shall manufacture, sell or exhibit for sale packaged drinking water except under the Bureau of Indian Standards Certification Mark. (D) Hence, in consonance with the above provisions of law, the labeling prohibitions in Clause 7.2 of IS 14543 : 2004 have been formulated by the Bureau under the Bureau of Indian Standards ... Bureau of Indian Standards (BIS). The jurisdiction of BIS is not only with regard to laying down standards but also labelling. To strengthen his argument he emphasized on the provisions of law under the various Acts and Rules. BIS is empowered under Section 10(1)(a) of the BIS Act, to establish, publish and promote the Indian Standard, in relation to any article or process. Indian Standard ... Rules. BIS is empowered under Section 10(1)(a) of the BIS Act, to establish, publish and promote the Indian Standard, in relation to any article or process. Indian Standard has been defined under Section 2(g) of the Act to mean the standard (including any tentative or provisional standard) established and published by the Bureau, ...

Feb 16 2006

Sunil Vs. State of Kerala

  • Decided on : 16-Feb-2006

Court : Kerala

Reported in : 2006(2)KLT851

... find anything objectionable as far as SRO 225/1998 and the consequent amendment brought to Rule 2 of the Foreign Liquor Rules, which had come operative from 05-03-1998. The tolerance prescribed by the amended rule is in consonance with the standards prescribed by the Bureau of Indian Standards, The judgment, in so far as it strikes down the notification, therefore, requires to be ... Rules, which had come operative from 05-03-1998. The tolerance prescribed by the amended rule is in consonance with the standards prescribed by the Bureau of Indian Standards, The judgment, in so far as it strikes down the notification, therefore, requires to be interfered with. The findings and the directions, pertaining to SRO 225/1993, will stand vacated. We uphold the notification and the Rule ... The details of these we may attempt to pin point.22. The tolerance limit prescribed by the Bureau of Indian Standards of course is a reliable piece of evidence, and if there was unworkability of a prescription in the Rules, vis-a-vis such set standards, the position would have been as canvassed by the petitioners. But, an examination of the provisions ... Bureau of Indian Standards, is per se arbitrary and unreasonable, and were liable to be struck down as plainly irrational. Resultantly, further request was that if the variation was within 3% V/V in respect of ethyl alcohol, the proceedings for prosecution were not to be followed up.16. The learned single Judge had noticed that Rule 2 of Foreign Liquor Rules ...

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