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Section 28 of The Bureau of Indian Standards Act, 2016.

(1)If the certification officer has reason to believe that any goods or articles, process, system or service in relation to which the contravention of section 11 or sub-sections (6) or (8) of section 14 or section 15 or section 17 has taken place are secreted in any place, premises or vehicle, he may enter into and search such place, premises or vehicle for such goods or articles, process, system or service, as the case may be.
(2)Where, as a result of any search made under sub-section (1), any goods or article, process, system or service has been found in relation to which contravention of section 11 or sub-sections (6) or (8) of section 14 or section 15 or section 17 has taken place, the certification officer may seize such goods or article and other material and documents which, in his opinion will be useful for, or relevant to any proceeding under this Act: Provided that where it is not practicable to seize any such goods or article or material or document, the certification officer may serve on the owner an order that he shall not remove, part with, or otherwise deal with, the goods or article or material or document except with the previous permission of the certification officer.
(3)The provision of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this section.

Summary

This provision gives certification officers the authority to enter and search premises or vehicles if they believe goods violating specific rules are hidden there.
During a search, officers can seize the violating goods, along with any other materials and documents they think will be useful for legal proceedings.
If it is not possible to physically seize the goods, the officer can order the owner not to remove or sell them without permission.
All searches and seizures carried out under this section must follow the rules of the Code of Criminal Procedure, 1973.

Practical examples

1On 4 May 2028, certification officer Amit suspects a truck is carrying fake ISI marked cement. He stops the vehicle on the highway and conducts a search to find the illegal goods.

2An inspector finds thousands of non-conforming iron rods at a construction site in Delhi. Since the rods are too heavy to move, the inspector serves a written order to the site manager forbidding them from using or selling the rods.

FAQ

1. Under Section 28 of The Bureau of Indian Standards Act, 2016, can an officer seize my business documents?

Yes, Section 28 of the BIS Act allows a certification officer to seize documents if they believe those papers will be useful for or relevant to any proceeding under the law.

2. What happens if an inspector under Section 28 of the 2016 Indian Standards law cannot physically carry away seized items?

Section 28 of the 2016 Indian Standards law permits the officer to serve an order on the owner, preventing them from moving or dealing with the items without prior permission.

3. Does an officer have unlimited rules for searching under Section 28 of the BIS Act?

No, Section 28 of the BIS Act requires that searches and seizures follow the provisions of the Code of Criminal Procedure, 1973.

Test yourself

Q1.What can an officer do if it is not practicable to seize goods during a search?

Q2.Which legal code governs the search and seizure procedures?

Q3.Where can a certification officer conduct a search if they suspect hidden violating goods?

Q4.Aside from goods, what else is a certification officer explicitly allowed to seize?

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