Section 29 of The Bureau of Indian Standards Act, 2016.
Penalty for contravention.
- (1)Any person who contravenes the provisions of section 11 or 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-sections (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)Any 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.
Summary
- This provision outlines the exact financial penalties and imprisonment terms for breaking various rules within the law.
- Unauthorized publishing of standards or misusing the Bureau's name can result in a fine of up to five lakh rupees.
- Selling goods that require mandatory certification without it can lead to one year in prison or a fine of up to five times the value of the goods.
- Manufacturing or selling items without a compulsory Standard Mark carries a harsher penalty of up to two years in prison and fines up to ten times the goods' value.
- If the actual value of the illegal goods cannot be determined, the fine is calculated based on the business's annual turnover from the previous financial year.
- The most severe offences involving the lack of a Standard Mark are officially classified as cognizable offences.
Practical examples
FAQ
1. Under Section 29 of The Bureau of Indian Standards Act, 2016, what happens if I use the Bureau name without permission?
Section 29 of the BIS Act states that contravening the rules regarding the restriction on the use of the Bureau name is punishable with a fine extending up to five lakh rupees.
2. What is the punishment for manufacturing goods without a mandatory Standard Mark under Section 29 of the BIS Act?
Section 29 of the BIS Act punishes this offence with imprisonment for up to two years or a fine that can reach ten times the value of the goods, or both.
3. How does the court determine the fine under Section 29 of the 2016 Indian Standards law if the value of the goods is unknown?
Section 29 of the 2016 Indian Standards law presumes that one year's production was in contravention and uses the annual turnover from the previous financial year as the value of the goods.
Test yourself
1.What is the maximum fine multiplier for manufacturing goods without a mandatory Standard Mark?
2.What financial metric is used for fines if the value of the produced goods cannot be determined?
3.Which of the following is true regarding the offence of manufacturing without a required Standard Mark?
4.What is the maximum fine for simply reproducing an Indian Standard without authorization?