Key Benefits:
Bhutan Standards Act 2010
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Bhutan Standards Act 2010
Table of Contents
Preamble 1
Chapter 1: Preliminary 2
Chapter 2: The Bhutan Standards Bureau 3
Chapter 3: Powers and Functions of the Board 6
Chapter 4: Licence 14
Chapter 5: Finance, Accounts and Audit 16
Chapter 6: Miscellaneous 17
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Bhutan Standards Act 2010 1
PREAMBLE
WHEREAS, it is highly important to foster and promote standards and standardization activities as a means of advancing the national economy, benefiting the health, safety and welfare of the public, assisting and protecting consumers, protecting our natural environment, promoting industrial efficiency and development, facilitating domestic and international trade;
AND WHEREAS, the Royal Government is desirous to promote the concept of “Brand Bhutan” as a mark of quality, purity and originality;
AND WHEREAS, Bhutan respects international standardization norms and practices, and had acceded to major international standardization bodies;
AND WHEREAS, there is a need for an umbrella institution to coordinate and oversee all standardization activities in the country and avoid duplication of works;
Parliament of Bhutan do hereby enact the Bhutan Standards Act, 2010 on the 25th Day of the 5th Month of Iron Male Tiger Year of the Bhutanese Calendar corresponding to the 7th Day of July, 2010 at its 5th session of the First Parliament as follows:
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CHAPTER - I PRELIMINARY
Short Title, Commencement and Extent
1. This Act shall;
a) Be called the BHUTAN STANDARDS ACT, 2010;
b) Come into force on the 13th Day of the 6th Month of the Iron Male Tiger Year of the Bhutanese Calendar corresponding to the 23rd Day of the July 2010; and
c) Extend to the whole of Bhutan.
Repeal 2. This Act shall repeal all other laws, by-laws, rules,
regulations or directives the provisions of which are inconsistent with this Act.
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CHAPTER - II BHUTAN STANDARDS BUREAU
Establishment of Bhutan Standards Bureau, Appointment of Head and its members
3. There shall be a Bhutan Standards Bureau which shall be an autonomous body.
4. The Bureau shall have the mandate to: a) develop national standards and facilitate their
implementation;
b) establish and operate metrological referral and calibration laboratories;
c) establish and operate product testing infrastructure;
d) carry out/operate product and management system certification schemes;
e) permit, coordinate and facilitate accreditation of laboratories and certification bodies;
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f) promote quality and standardization;
g) oversee the implementation of the regional and international trade agreement related to standards and technical barriers to trade; and
h) carry out such other mandate related to standardization and quality control including monitoring as may be assigned by the Royal government.
5. The Board of the Bureau shall consist of the following members:
a) chairperson, who shall be the minister from a relevant ministry;
b) one member each, above or equal to the level director, from different relevant ministries;
c) the head of the Bureau who shall be the Member Secretary of the Bureau; and
d) not more than 5 members appointed by the Chairperson representing industry, scientific and research institutions, consumer interests and other interests who shall possess knowledge of standards or other matters likely to be assistance to the Bureau in the performance of its functions under this Act.
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6. The term of office and the service conditions of the members shall be such as may be prescribed in the rules and regulations.
7. The Royal Civil Service Commission shall by public notice, appoint a person suitably qualified, scientifically and technically, as the Head of the Bureau who shall be the Chief Executive Officer of the Bureau, subject to the general superintendence of the Bureau.
8. The terms and conditions of service of the Head and employees of the Bureau shall be such as may be prescribed under the Civil Service Act of Bhutan.
9. The Head of the Bureau shall exercise and discharge such powers and duties of the Bureau as may be delegated to it by the Board.
10. The Bureau may appoint or hire on contract such officers and staff of the Bureau as the Bureau may deem necessary for the proper performance of the functions of the Bureau under Civil Service Act of Bhutan.
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CHAPTER – III POWERS AND FUNCTIONS OF THE BOARD
Powers and Functions of the Board
11. The Board shall exercise such powers and perform such functions as may be assigned to it by or under this Act and, in particular, such powers include the power to:
a) frame policies and directives on standardization and conformity assessment for promotion of quality and international competitiveness of goods and services;
b) establish, publish and promote in such manner as may be prescribed, the Bhutan Standards, Technical Specifications and Codes of Practices in relation to any article or process;
c) constitute, as and when considered necessary, such number of technical committees of experts for the formulation of standards in respect of articles or processes;
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d) undertake testing and research for the formulation of Bhutan Standards in the interest of consumers and manufacturers;
e) formulate policy for compulsory enforcements of Bhutan Standards;
f) inspect and control the manufacturing plants, processes and quality control facilities of companies whose products and services are required to conform to Bhutan Standards;
g) prohibit the import for sale in the kingdom of products not conforming to mandatory Bhutan Standards, except where the standards as per which the products were manufactured are higher than Bhutan Standards;
h) carry out inspections at sites, shops, factories, go-downs or any such places to check the conformance of products and services to Bhutan Standards where ever such conformance is so required;
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i) specify a Standard Mark to be called the Bhutan Standards Certification Mark and oversee its operation and authorize inspection of any article or process, in relation to the Standard Mark which is required to conform to Bhutan Standard by this Act or under any other law for article or process in Bhutan or intended to be brought into Bhutan from a place outside Bhutan as specified in the regulations;
j) control the use of Standards mark and distinctive marks operated by agencies in the country or out sourced to other country(ies);
k) permit, coordinate and facilitate accreditation of laboratories and certification bodies in the country, and to foster cooperation with such facilities in other countries;
l) establish conformity assessment procedures, coordination of such measures and enter into
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mutual agreements with country(ies) and organizations outside Bhutan on this matter;
m) establish testing laboratories for quality control of articles and processes and to check their conformance to Bhutan Standards or any other standards;
n) establish and maintain metrological referral laboratory for providing calibration services for weights and measuring devices and for basic instruments/equipment used by testing laboratories in Bhutan, and carry out monitoring of weights and measures as may be prescribed;
o) grant, renew, suspend or cancel a license for the use of the Standard Mark subject to such conditions and on payment of such fees as may be determined by regulations;
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p) make such inspection and take such samples of any material or substance as may be necessary to see whether any article or process in relation to which the Standard Mark has been used conforms to the Bhutan Standard or whether the Standard Mark has been improperly used in relation to any article or process with or without a licence;
q) represent Bhutan in International and Regional Standardization and Accreditation Bodies such as ISO, IEC ,SARSO and APLAC to formulate national view on issues affecting national interest;
r) oversee implementation of regional and international trade agreement provisions related to standards including operation of TBT National Enquiry Point;
s) recognize any institution in Bhutan or outside which is engaged in the standardization of any article or process and recognize standards
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prepared by them as Bhutan Standards, in such manner as may be prescribed ;
t) seek recognition of the Bureau and of the Bhutan Standards outside Bhutan on such terms and conditions as may be mutually agreed upon by the Bureau with any corresponding institution or organization in any country;
u) respect and recognize international and regional standards and other national standards which are based on international standards;
v) assist the Royal Government or any local Bureau or other public body or any other person in the preparation and framing of any specifications or codes of practice;
w) assist any manufacturer or association of manufacturers or consumers engaged in standardization and in the improvement of the quality of any article or process or in
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the implementation of any quality control activities;
x) provide for the testing at the request and on behalf of the Royal Government, of locally manufactured and imported commodities with a view to determining whether such commodities comply with the provisions of this Act or any other law dealing with standards of quality or description;
y) appoint agents in Bhutan or outside Bhutan for the operation of Standards Mark Scheme in other countries, inspection and testing of articles and such other purposes as may be prescribed;
z) establish in consultation with the Royal Government, branches, offices or agencies in Bhutan or outside;
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aa) provide a library of books and other materials on matters relating to standards conformity assessment and metrology;
bb) disseminate information and create awareness on standards, metrology, testing and quality through education programs and training courses; and
cc) perform such other related functions as may be prescribed by the Royal Government.
12. In the exercise of its functions under this section,
the Bureau shall maintain, so far as practicable, a system of close consultation and cooperation with any organization/agency or a body established by the Royal Government having regulatory functions relating to industrial or commercial goods and services generally.
13. The Bureau shall perform its functions under this section in accordance with, and subject to, such rules and regulations as may be made by the Royal Government.
14. Subject to any regulations made in this behalf, the
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Bureau may, from time to time as and when it considers necessary, constitute various advisory Committee(s) for the efficient discharge of its functions.
CHAPTER IV LICENCE
License
15. The Board may, by order, grant, renew, suspend or cancel a license for the use of the Bhutan Standards Certification Mark in such manner as may be determined by regulations.
16. The grant or renewal of the license under section 15 shall be subject to such conditions and on payment of such fees as may be determined by regulations.
17. Any person aggrieved by an order made under sections 15 and16 may prefer an appeal to the Appellate Board comprising of such members representing industry, scientific and research institutions, consumer interests, law and other interests, appointed by the Chairperson who shall possess knowledge of standards or other
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matters likely to be of assistance, within such period as may be prescribed in the regulations.
18. No appeal shall be admitted if it is preferred after the expiry of the period prescribed thereof:
Provided that an appeal may be admitted after the expiry of the period prescribed thereof if the appellant satisfies the Appellate Board that he had sufficient cause for not preferring the appeal within the prescribed period.
19. Every appeal made under section 17 shall be made in such form and shall be accompanied by a copy of the order appealed against and by such fees as may be prescribed.
20. The procedure for disposing of an appeal shall be such as may be prescribed in the regulations: Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard.
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CHAPTER - V FINANCE, ACCOUNTS AND AUDIT
Finance
21. The funds of the Bureau shall consist of all fees, charges and moneys received or recovered under the provisions of this Act or the regulations by or on behalf of the Bureau and any moneys, capital budget, grants or loans provided for by the Royal Government.
22. The Head may, out of the funds of the Bureau, and with the consent of the Chairperson authorize the:
a) payment of all such sums of moneys as may be necessary to enable the Bureau to discharge its functions under this Act and to give effect thereto.
b) payment for meeting the expenses on objects and for purposes authorized by this Act.
Accounts
23. The Bureau shall maintain proper books of account and other books and records in relation to the funds, and to all the undertakings, activities and property of
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the Bureau and shall, within such period after the end of each financial year as the Chairperson shall specify, prepare and submit statements of account as may be necessary to indicate the financial status of the Bureau as at the end of that year.
Audit
24. The accounts of the Bureau shall be examined, audited and reported upon annually in accordance with the Audit Act of Bhutan in force.
CHAPTER - VI MISCELLANEOUS
Information and Annual Report
25. The Bureau shall, submit to the Chairperson all such information as he may from time to time require in respect of the activities and financial position of the Bureau.
26. The Bureau shall as soon as practicable after the end of each financial year submit to the Chairperson an annual report on its activities including a balance sheet
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and a statement of income and expenditure audited in accordance with Audit Act of Bhutan in force, and such other particulars as the Chairperson may request, and such report shall be presented by the Chairperson before the Parliament.
27. The Annual report shall be published by the Bureau.
Restriction on the use of Name, Trade Mark or a Mark
28. Except in such cases and under such conditions as may be prescribed, a person shall not use without the approval of the Bureau:
a) any name which nearly resembles the name of the Bureau so as to deceive or likely to deceive the public or which contains the expression “Bhutan Standard” or any abbreviation thereof; or
b) any mark or trade mark in relation to any article or process containing the expressions “Bhutan Standard" or “Bhutan Standard Specification" or any abbreviation of such expressions.
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29. A person shall not use, in relation to any article or process, or in the title of any patent, or in any trade mark or design the Standard Mark or any colourable imitation thereof, except under a license.
30. A person shall not, use in relation to any article or process the Standard Mark or any colourable imitation thereof unless such article or process conforms to the Bhutan Standard, notwithstanding that, a license is granted.
31. Notwithstanding anything contained in any law for the time being in force, no registering Bureau shall:
a) register any company, firm or other body of persons which bears any name or mark; or
b) register a trade mark or design which bears any name or mark; or
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c) grant a patent, in respect of an invention, which bears a title containing any name or mark.
If the use of such name or mark is in contravention
of sections 28, 29 and 30 of this Act.
32. If any question arises before a registering Bureau whether the use of any name or mark is in contravention of sections 28 to 31, the registering Bureau may refer the question to the Royal Government whose decision thereon shall be final.
Use of Compulsory Standards for an Article or Process
33. The Royal Government, after consulting the Bureau, if it is of the opinion that it is necessary or expedient in the interest of the public, by an order publish in the newspaper;
a) a notification of any article or process of any industry which shall conform to a Bhutan Standard; and
b) a direction on the use of the Standard Mark under a license as compulsory on such article or process.
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34. The fact that any commodity complies or is alleged to comply with a standard specification or a compulsory standard specification or has been or is alleged to have been manufactured, produced, processed or treated in accordance with any such specification, or that a distinctive mark or standardization mark is used in connection with any commodity, shall not give rise to any claim against the Royal Government, or the Bureau, or any member or employee thereof.
Offence and Penalty
35. A person who is or has been engaged in the administration of this Act, discloses, except for the purpose of exercising his functions or when required to do so by a court or under any law, any information acquired by him in the exercise or purported exercise of his functions under this Act to any other person shall be guilty of an offence punishable under the Penal Code of Bhutan.
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Notwithstanding section 35, the disclosure of any information for purposes connected with the administration of this Act shall not prejudice any application made subsequently for registration of a patent under the Industrial Property Act.
36. A person who willfully contravenes sections 28 to 32 shall be guilty of an offence punishable under the Industrial Property Act.
37. Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this section 37 shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
38. Notwithstanding anything contained in section 37,
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where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Jurisdiction of the courts
39. A court of competent jurisdiction shall hear cases and try any offence punishable under this Act.
40. Any court trying a contravention under sections 28 to 32 may direct that any property in respect of which the contravention has taken place shall be forfeited to the Bureau.
41. A court shall not take cognizance of any offence punishable under this Act except on a complaint made by or under the Bureau or by any officer empowered in this behalf by the Royal Government
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or the Bureau, or any consumer or any association recognized in this behalf by the Royal Government.
Power to make regulations
42. The Chairperson, after consultation with the Board may make regulations for carrying out the provisions and purposes of this Act. Without prejudice to the generality of this section, the regulation may include, but not limited to, the following:
a) make provision for all matters in respect of which fee shall be payable under this Act or the regulation;
b) prescribe the amount of any such fees and the persons who shall be liable for payment thereof;
c) prescribe forms to be used under this Act and the regulations;
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d) provide for matters connected with appeals under this Act;
e) make provisions for licensing and appeals in relation to the use of Standard Mark; and
f) make provision for requiring persons to supply information relevant to the provisions of this Act and the regulations.
Amendment
43. The amendment of this Act by way of addition, variation or repeal shall be effected by a simple majority of respective Houses or vote of no less than two thirds of the total members of Parliament present and voting on a motion submitted by one third of the members of either House, provided that the amendment does not undermine the functions and effectiveness of the Bhutan Standards Bureau.
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Authoritative Text
44. The Dzongkha text shall be the authoritative text, if there exist any difference in meaning between the Dzongkha and English text.
Definitions
45. In this Act, unless the context otherwise requires:
a) “Accreditation” means third-party attestation relating to a conformity assessment body for conveying formal demonstration of its competence to carry out specific conformity assessment tasks.
b) “Accreditation body/board” means an authoritative body/board that performs accreditation.
c) “Article” means (as respects standardization and marking) any substance, artificial or natural, or partly artificial or partly natural, whether raw or partly or wholly processed or manufactured.
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d) “Bureau” means the Bhutan Standards Bureau established under Section 3 of this Act.
e) “Bhutan 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 the quality and specification of such article or process and includes any standard recognized by the Bureau.
f) “Certification” means third-party attestation related to product or article, processes, systems or persons and is applicable to all objects of conformity assessment except for conformity assessment bodies to which accreditation is applicable.
g) “Code of Practice” means a set of rules relating to the methods to be applied or the procedure to be adopted in connection with the construction,
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installation, testing, operation or use of any article, apparatus, instrument, device or process.
h) “Compulsory Standard Specification” means a specification which has been declared to be a compulsory standard specification under section 33 and 34 of this Act.
i) “Company” means a body incorporated under the Companies Act of the Kingdom of Bhutan.
j) “Conformity assessment” is a demonstration that specified requirements relating to an article, process or system are fulfilled.
k) “Object of assessment” or “object” means any particular material, installation, process, system, person or body to which conformity assessment is applied.
l) “Consumer” means a consumer of any good or service/article or process.
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m) “Head” means the Head of the Bureau appointed under section 7 of this Act not below the rank of a Director General or Joint Secretary.
n) “Inspection” means examination of an article design, article, process or installation and determination of its conformity with specific requirements or, on the basis of professional judgment, with general requirements.
o) “License” means a license granted to use the Bhutan Standards Certification Mark in relation to any article or process or management system which conforms to the Bhutan Standard.
p) “Chairperson” means the person for the time being responsible for matters relating to Bhutan Standards Bureau.
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q) “Person” means any individual, partnership, company, un-incorporated organization, government, governmental agency or any other entity recognized by law.
r) “Process” includes any practice, treatment and mode of manufacture of any article.
s) “Registering Authority” means any Bureau/ 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.
t) “Regulations” means regulations made by the Bureau under this Act.
u) “Sampling” means a provision of a sample of the object of conformity assessment, according to a procedure.
v) “Sell” includes barter and exchange, and exposure or offer for sale, and export for or
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in pursuance of sale, and have in possession for any purpose of sale, export, trade or, manufacture.
w) “Specification” means a description of any commodity by reference to its nature, quality, strength, purity; composition, quantity, dimensions, weight, grade, durability, origin, age or other characteristics, or to any substance or material of or with which, or the manner in which, any commodity may be manufactured, produced, processed or treated.
x) “Standard” means a document, established by consensus and approved by the Bureau that provides, for common and repeated use, rules, guidelines or characteristics for activities or their results, aimed at the achievement of the optimum degree of order in a given context.
y) “Standardization” means an activity of establishing, with regard to actual or potential problems, provisions for common and repeated
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use, aimed at the achievement of the optimum degree of order in a given context.
z) “Standard Mark” means Bhutan Standards Certification Mark specified by the Bureau to represent a particular Bhutan Standard under section 11 (i) of this Act.
aa) “Testing” means determination of one or more characteristics of an object of conformity assessment, according to a procedure and it applies to materials, articles or processes.
bb) “Third-party conformity assessment activity” means conformity assessment activity that is performed by a person or body that is independent of the person or organization that provides the object and of user interests in that object
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