Section 34 of The Bureau of Indian Standards Act, 2016.
- (1)Any person aggrieved by an order made under section 13 or sub-section (4) of section 14 or section 17 of this Act may prefer an appeal to Director General of the Bureau within such period as prescribed.
- (2)No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the Director General that he had sufficient cause for not preferring the appeal within the prescribed period.
- (3)Every appeal made under this section 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.
- (4)The procedure for disposing of an appeal shall be such as may be prescribed: Provided that before disposing of an appeal, the appellant shall be given a reasonable opportunity of being heard.
- (5)The Director General may suo motu or on an application made in the manner prescribed review the order passed by any officer to whom the power has been delegated by him.
- (6)Any person aggrieved by an order made under sub-section (1) or sub-section (5) may prefer an appeal to the Central Government having administrative control of the Bureau within such period as may be prescribed.
Summary
- Section 34 establishes the legal process for challenging specific official orders by filing an appeal.
- Appeals against licence or certification decisions go directly to the Director General of the Bureau.
- A person must file the appeal within a prescribed time limit, providing a specific form, a fee, and a copy of the disputed order.
- Late appeals are accepted only if the person proves to the Director General that they had a valid reason for the delay.
- The Director General must give the person a fair chance to be heard before making a final decision on the appeal.
- If someone is unhappy with the Director General's decision, they can file a second appeal up to the Central Government.
Practical examples
FAQ
1. Who do I appeal to first under Section 34 of the Bureau of Indian Standards Act, 2016?
Under Section 34 of the Bureau of Indian Standards Act, 2016, your first appeal against a licensing order goes to the Director General of the Bureau.
2. Can a late appeal be accepted under Section 34 of the BIS Act, 2016?
Yes, Section 34 of the BIS Act, 2016 allows the admission of an appeal after the deadline if the appellant satisfies the Director General that they had sufficient cause for not preferring it on time.
3. What happens if I disagree with the Director General under Section 34 of the national standards law, 2016?
Section 34 of the national standards law, 2016 permits you to file a further appeal to the Central Government ministry that holds administrative control over the Bureau.
Test yourself
Q1.Under Section 34 of the Bureau of Indian Standards Act, 2016, what must accompany every appeal application?
Q2.According to Section 34 of the BIS Act, 2016, who has the authority to review an order passed by a delegated officer, even without receiving a formal appeal application?
Q3.Before disposing of an appeal under Section 34 of the Standards Act, 2016, what procedural step is mandatory?
Q4.If an individual wants to challenge a decision made by the Director General under Section 34 of the Bureau of Indian Standards Act, 2016, who receives this subsequent appeal?