2Definitions

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-section (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 section 12;

(9) “consumer” means a person as defined in the Consumer Protection Act, 1986 (68 of 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 (3 of 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 proportionate 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 (63 of 1986), which was in force immediately before the commencement of this Act;

(18) “Indian Standards Institution” means the Indian Standards Institution registered under the Societies Registration Act, 1860 (21 of 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 manufacturing any goods or article;

(22) “mark” includes a device, brand, heading, label, ticket, pictorial representation, 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;

(27) “precious metal article” means any article made entirely or in part from precious metals or their alloys;

(28) “prescribed” 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 centre 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 specifications 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.