BIS Act 3Chapter II · Bureau of Indian Standards
Section 3 · Establishment of Bureau and Constitution of Governing Council
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(1) With effect from such
date as the Central Government 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 (63 of 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.
(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 (63 of 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.
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