Rule, 2018

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

EXTRAORDINARY

PUBLISHED BY AUTHORITY

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

NOTIFICATION

New Delhi, the 6th November, 2018

G.S.R. 1090(E).—In exercise of the powers conferred by section 38 of the Bureau of Indian Standards Act, 2016 (11 of 2016), the Central Government hereby makes the following rules to amend the Bureau of Indian Standards Rules, 2018, namely:—

1. (1) These rules may be called the Bureau of Indian Standards (Amendment) Rules, 2018.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Bureau of Indian Standards Rules, 2018 (hereinafter referred to as the said rules), in rule 2, in sub-rule (a), for clause (g), the following clause shall be substituted, namely:- “(g) “Form” means a form appended to these rules;”

3. In the said rules, in rule 50, for sub-rule (2), the following sub-rule shall be substituted, namely:- “(2) Any person may, either before or after the institution of prosecution, make an application in Form-‘A’ to the compounding authority for composition of an offence as specified in section 33 of the Act.”

4. In the said rules, after rule 51, the following form shall be inserted, namely:- (see sub-rule (2) of rule 50) (Application for composition of offence) To, The Compounding Authority, Regional Office, Bureau of Indian Standards

1. Full name of the applicant and complete address:

2. Address for communication and phone numbers:

3 (a). Permanent Account Number (PAN):

(b). GST No., (if any):

4. The Branch Office of BIS having jurisdiction in the case:

5. Specific provisions/sections of Bureau of Indian Standards Act, 2016, Rules and Regulations framed thereunder, against which the prosecution has been instituted or contemplated for which application of compounding is being submitted (Give the status/stage of the Court case):

6. The brief facts of the court case and particulars of the offence(s) (attach a separate sheet on firm's letter head duly signed):

7. Whether search and seizure was carried out or not? If so, enclose the copy of search and seizure Memo and other related documents:

8. Whether the prosecution has been filed? If so, the details thereof along with a copy of the complaint:

9. Whether the offence committed is the first offence?

10. Whether the offence committed is second or subsequent offence after the expiry of a period of three years from the date of which the offence was previously compounded? (Please indicate the details): Name and signature of the applicant

DECLARATION

1. I shall pay the compounding amount, as may be fixed by the compounding authority under the Bureau of Indian Standards Rules, 2018.

2. I understand that I shall not claim, as of right that the offence committed by me under the Act be compounded.

Name and signature of the applicant.

VERIFICATION

I, ----------------- son/daughter/wife of ------------------------- residing at -------------------- do solemnly declare that I am making this application in my capacity as ---------------- and I am competent to verify it. That the contents of this application are true to the best of my knowledge and belief and no information relevant to the facts of the case has been suppressed. The documents accompanying the application are true copies of the originals and are duly attested by me.

Verified today the ----------------------- day of (month) --------------- (year) at ---- (Place). Name and signature of the applicant.

Place:

Date:

ANIL BAHUGUNA, Jt. Secy.

and Published by the Controller of Publications, Delhi-110054.

ALOK KUMAR

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Bureau of Indian Standards Act, 2016