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Search Results Judgments > Act:Bureau of Indian Standards Rules

May 20 2010

Bottled Water Processors Association Vs. Union of India (UOI) and Ors. ...

  • Decided on : 20-May-2010

Court : Delhi

... Rules by mention of Rule 49(28) makes the use of a BIS Mark for packaged drinking water mandatory. Therefore, it is also a mandatory requirement under Section 14 of the BIS Act. The words 'Indian Standard' under Section 2(g) of the BIS Act have been defined as under:Indian Standard means the standard (including any tentative or provisional standard) established and published by the Bureau ... Bureau or by any officer empowered in this behalf by the Government....'18. It is plain to this Court that on a collective reading of the above Rules, it is mandatory for packaged drinking water to be manufactured, sold or exhibited for sale only with a BIS Certification Mark. Packaged drinking water has to conform to the stipulated Indian Standards ... Indian Standard means the standard (including any tentative or provisional standard) established and published by the Bureau, in relation to any article or process indicative of t he quality and specification of such article or process and includes-(i) any standard recognised by the Bureau under Clause (b) of Section 10; and(ii) any standard established and published, or recognised, by the Indian Standards ...

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, ...

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 ...

Nov 24 2006

Bureau of Indian Standards Vs. Bureau of I.S. Employees Assoc.

  • Decided on : 24-Nov-2006

Court : Delhi

Reported in : 137(2007)DLT376

... January, 1986.(c) By a notification dated 15th January, 1998, the appellant framed the Bureau of Indian Standards (Terms and Conditions of Service of employees) Regulations 1988, wherein it was stated that the Central Government Service (Classification, Control and appeal rules) 1965, shall apply to the employees of the bureau and they shall enjoy all the benefits enjoyed by the employees of the Central Government ... Mukul Mudgal1. This Letters Patent Appeal challenges the judgment dated 18th September, 2002 of the learned Single Judge granting parity in the pay scales of the respondent No. 1, Bureau of Indian Standards (BIS) Laboratory Employees Association who are the Technical Assistants with the appellant. By the impugned judgment the learned Single Judge restored the parity of pay scales of the Technical Assistants ... , on 21st January 1991, in the seniority list the Members of the Appellant were downgraded as Group - 'C' after the implementation of the 4th Pay Commission's recommendations in the bureau.(f) A writ petition (CWP 1663/96) was filed in respect of Assistant and Stenographers. The writ petition was allowed on 21st April 1999. Against the said writ petition the ...

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 ...

Nov 28 2006

Union of India (UOI) and Anr. Vs. S.L. Verma and Ors.

  • Decided on : 28-Nov-2006

Court : Supreme

Reported in : 137(2007)DLT88(SC); [2007(112)FLR697]; 2006(14)SCALE56

... 14 made a Regulation known as 'Bureau of Indian Standards (Terms and Condition of Service of Employees Regulation, 1988)', Regulation 16 thereof reads as under:16 Pension- The Employees shall be governed by the Central Civil Services (Pension) Rules, 1972: provided that the employees who had specifically elected to be governed by the Contributory Provident Fund Rules, (India), 1962, immediately before the date ... 13 were employees of Bureau of Indian Standards. The said authority was created under the Bureau of Indian Standards Act, 1986. Although a statutory authority, it is said to be under the administrative control of Ministry of Consumer Affairs. Respondent Nos. 1 to 13 were members of Contributory Provident Fund Scheme (CPF Scheme). The respondent No. 14 i.e., the Bureau of Indian Standards, which is an ... 1 to 13 in view of the legal fiction created, became members of the Pension Scheme. Once they became the member of the Pension Scheme, Regulation 16 of the Bureau of Indian Standards (Terms and Condition of Service of Employees Regulation, 1988) had become ipso-facto applicable in their case also. It may be that they had made an option to ... the said recommendations of the Fourth Central Pay Commission had been accepted by the Central Government and the same is applicable to the employees of the respondent No. 14. Bureau of Indian Standards. Paragraph 3 and paragraph 3.2 of the said Office Memorandum read as under:3. All CPF beneficiaries, who were in service on 1.1.1966 and ...

May 08 2006

Pepsico India Holdings Pvt. Ltd. Vs. The Bureau of Indian Standards an ...

  • Decided on : 08-May-2006

Court : Delhi

Reported in : 129(2006)DLT522

... drinking water as per Notification duly Gazetted by Ministry of Health and Family Welfare.10. By virtue of Rule 49(28) of the PFA Rules, 1955 no person shall manufacture, sell or exhibit for sale packaged drinking water except under the Bureau of Indian Standards Certification Mark. Clause 7.2 of IS 14543:2004 stipulate as under:7.2 Labelling Prohibitions.7. ... Affidavit filed on behalf of the Bureau details of the specifications or amendments made to the required standards of packaged drinking water have been spelt out. The PFA Rules were amended by the Ministry of Health vide Gazette Notification dated 18.7.2003, effective from 1.1.2004, in respect of pesticide residues. The Indian Standard Packaged Drinking Water (Other Then ... Rules, 1955 no person shall manufacture, sell or exhibit for sale packaged drinking water except under the Bureau of Indian Standards Certification Mark. Clause 7.2 of IS 14543:2004 stipulate as under:7.2 Labelling Prohibitions.7.2.1 No claims concerning medicinal (preventative, alleviative or curative) effect shall be made in respect of the properties of the product covered by the standard ... drinking water is prohibited.11. Mr. Jos Chiramel, learned Counsel for the Bureau, has reiterated the asseverations in the Counter Affidavit to the effect that 'the parameters thus provided in the Indian Standard, which is at par with Entry A- 33 of Appendix B of the PFA Rules, only provides for maximum permissible limits of abovementioned limits. Hence merely because ...

Mar 23 2007

Pravinchandra Manilal Patel Vs. State of Gujarat and 2 Ors.

  • Decided on : 23-Mar-2007

Court : Gujarat

Reported in : (2007)2GLR1321

... 13 were employees of Bureau of Indian Standards. The said authority was created under the Bureau of Indian Standards Act, 1986. Although a statutory authority, it is said to be under the administrative control of Ministry of Consumer Affairs. Respondent Nos.1 to 13 were members of Contributory Provident Fund Scheme. (CPF Scheme). The respondent No. 14 i.e., the Bureau of Indian Standards, which is an ... 14 made a Regulation known as SBureau of Indian Standards (Terms and Condition of Service of Employees Regulation, 1988), Regulation 16 thereof reads as under:16. Pension The Employees shall be governed by the Central Civil Services (Pension) Rules, 1972 : provided that the employees who had specifically elected to be governed by the Contributory Provident Fund. Rules (India), 1962, immediately before the date ... .1 to 13 in view of the legal fiction created, became members of the Pension Scheme. Once they became the member of the Pension Scheme, Regulation 16 of the Bureau of Indian Standards (Terms and Condition of Service of Employees Regulation, 1988) had become ipso-facto applicable in their case also. It may be that they had made an option to ... .1 to 13 in view of the legal fiction created, became members of the Pension Scheme. Once they became the member of the Pension Scheme, Regulation 16 of the Bureau of Indian Standards (Terms and Condition of Service of Employees Regulation, 1988) had become ipso-facto applicable in their case also. It may be that they had made an option to ...

Oct 04 2005

Ankit Pipes Pvt. Ltd. and Ors. Vs. State of Haryana and Ors.

  • Decided on : 04-Oct-2005

Court : Punjab and Haryana

Reported in : (2006)142PLR652

... Rule 10 of the Code of Civil Procedure.3. The factual matrix, on which the foundation of this judicial action is laid, is as follows:As noticed above, the petitioners are manufacturers of Asbestos Cement Pressure Pipes, using Automated Lamination Process. They claim that their product meets Indian Standards Specifications, IS 1592/2003 (as amended upto date), laid down by the Bureau of Indian Standards ... , Bureau of Indian Standards have been impleaded as respondents No. 1 to 4 respectively. Two manufacturers of the said pipes, namely M/s Sri Venkateshwara Pipes Ltd. and M/s Kanoria Sugar and General ., by employing another process viz., 'Mazza' process were impleaded as respondents No. 5 and 6 respectively on their moving applications under Order 1-Rule ... Haryana PWD, Public Health Branch and the Deputy Director General, Central Bureau of Indian Standards, New Delhi. Vide letter, dated 25.9.2001, the Engineer-in-chief had sought the views of the Bureau of Indian Standards in regard to stipulation of certain additional conditions, which were not specified in the BIS standards, like ISO certification etc. In response thereto, vide his ... of the Bureau of Indian Standards, wherein it is stated that BIS certification is issued as per the provisions given in the relevant Indian standard, which in the present case is IS 1592:2003 and the licensee is required to manufacture and certify the products covered in their licence, as per the said standard. It is stated that the standard laid ...

Nov 17 1989

Sadar Bazar Electrical Traders Association and Ors. Vs. Union of India ...

  • Decided on : 17-Nov-1989

Court : Delhi

Reported in : 40(1990)DLT251

... The property in respect of which the contravention has taken place shall be forfeited to the Bureau as maybe directed by the court trying the contravention of the aforesaid provisions.(10) Bureau of Indian Standards Rules 1987, ('BIS Rules' for short)have been framed by the Central Government in exercise of powers under. 37 ... ) Development Commissioner, Small Scale Industries; (3)Bureau of Indian Standards; and (4) Delhi Administration through the Joint Director (Electrical).(3) Bureau of Indian Standards ('BIS' for short) is constituted under the Bureau of Indian Standards Act 1986 (for short 'the his Act')' The bids Act has been enacted to provide for the establishment of a Bureau for the harmonious development ... Bureau of Indian Standards ('BIS' for short) is constituted under the Bureau of Indian Standards Act 1986 (for short 'the his Act')' The bids Act has been enacted to provide for the establishment of a Bureau for the harmonious development of the activities of standardisation, marking and quality certification of goods and for matters connected therewith coincidental thereto. This act repeals Indian Standards ... of a Bureau for the harmonious development of the activities of standardisation, marking and quality certification of goods and for matters connected therewith coincidental thereto. This act repeals Indian Standards Institution (CertificationMarks) Act 1952. his under the his Act is a body corporate and takes over the functions of the Indian Standards Institution ( ...

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