MISCELLANEOUSCentral

Section 41 of The Bureau of Indian Standards Act, 2016.

Nothing in this Act shall affect the operation of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937), or the Drugs and Cosmetics Act, 1940 (23 of 1940), or any other law for the time being in force, which deals with any standardisation or quality control of any goods, article, process, system or service.

Summary

The single most important thing this provision does is ensure that the new standards law does not interfere with other existing quality control laws.
It specifically protects the operation of the Agricultural Produce (Grading and Marking) Act of 1937.
It also specifically protects the Drugs and Cosmetics Act of 1940.
It leaves any other current laws dealing with standardisation or quality control of goods, services, or processes fully intact.

Practical examples

1A farmer named Rahul sells organic apples and follows the grading rules under the Agricultural Produce Act of 1937. The new standards law does not cancel the agricultural rules he already follows.

2Sunita runs a pharmaceutical company manufacturing cough syrup in 2020. She must still follow the strict safety standards set by the Drugs and Cosmetics Act of 1940, because the standards law does not override those medical rules.

FAQ

1. Does Section 41 of the Bureau of Indian Standards Act override the Drugs and Cosmetics Act?

No, Section 41 of the Bureau of Indian Standards Act, 2016 specifically states that it does not affect the operation of the Drugs and Cosmetics Act of 1940.

2. Under Section 41 of the BIS Act of 2016, what happens to existing agricultural grading laws?

Section 41 of the BIS Act of 2016 ensures that the Agricultural Produce (Grading and Marking) Act, 1937 continues to operate normally and is not affected.

3. Can the Bureau of Indian Standards Act, 2016 cancel out another active quality control law according to Section 41?

According to Section 41 of the Bureau of Indian Standards Act, 2016, it does not affect the operation of any other active law that deals with standardisation or quality control.

Test yourself

Q1.Which specific law is explicitly protected from being affected by Section 41 of the Bureau of Indian Standards Act, 2016?

Q2.According to Section 41 of the BIS Act, 2016, how does this law impact other laws currently in force that deal with the standardisation of services?

Q3.Which of the following types of laws are broadly protected by Section 41 of the Bureau of Indian Standards Act, 2016?

Q4.Besides the Drugs and Cosmetics Act, what other specific Act is named in Section 41 of the BIS Act, 2016 as remaining unaffected?

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