The centre has also decided to shortly notify changes in the Emblems and Names (Prevention of Improper Use) Act, 1950, the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985.

The proposed amendments to the BIS Act are aimed at making BIS the sole standard formulation body for harmonious development of standards and to give greater consumer thrust besides ensuring better enforcement of mandatory certification scheme and strict adherence to the standards `for promoting and protecting consumer interest'.

The proposed amendments to the CP Act are aimed at ensuring greater autonomy to the consumer courts, speedy disposal of cases by holding circuit courts at regular intervals in different regions of the state and also to include allincidental services and facilities connected with banking, finances, insurance and transport within the purview of the Act. The consumer courts will be empowered to strike down unfair terms of contract where the terms of contract are heavily biased in favour of the stronger party.

The amendments to the BIS Act provide for representation of consumers in the executive committee of BIS apart from representatives from the government, industry and scientific and research organisations, and incorporates additional functions of the bureau like reviewing of information about non-conforming ISI-marked products and mandatory conformity or certification of goods. The traders should be responsible in ensuring that ISI-marked goods are genuine.

The amendments also authorise the central government to order mandatory conformity or certification of any goods and enthrusts primary responsibility on state governments in the enforcement of quality control orders under section 14 of the Act. The search and seizure operationsof the inspecting officers of BIS in case of violation of section 14 has been extended. BIS can obtain information from any source and supply information to other government enforcement agencies.

No courts inferior to that of chief metropolitan magistrate or chief judicial magistrate who have powers to impose any amount of fine, shall try offences punishable under the BIS Act. The offences under BIS Act have been made cognizable and non-bailable.

The maximum imprisonment period has been raised from one to three years and that of maximum penalty from Rs 50,000 to Rs 1 lakh. For the first offence the minimum penalty is one month imprisonment or a fine of Rs 50,000 or both. For the second offence, the minimum penalt is three months imprisonment or a fine of Rs 75,000 or both and for third or subsequent offences the minimum penalty is six months imprisonment or a fine of Rs 1 lakh or both.

While proposing amendments to the CP Act, the union food ministry has suggested to the Department of Company Affairs todelete their proposal for exclusion of this Act from their proposed Companies Bill for the purpose of adjudicating the consumer disputes as it would restrict the choice of consumers in filing complaints in different fora.

The proposed amendments to the CP Act seek to clarify the term `services' in the Act and amplify `housing construction' to include time sharing resorts also. More autonomy will be given to consumer courts and for allowing complaints to be filed in consumer courts at places where branch offices of a company are functioning.

The consumer courts should send notices to the opposite party within 21 days of receipt of complaint. The amendments also provide for constitution of more benches in the state consumer commissions for speedy disposal of cases. If the president of the state commission or district forum is absent then the seniormost member should officiate as president and discharge the duty.

Ordinance on essential commodities planned

The centre has decided to issue anordinance after the proposed amendments to the Essential Commodities Act, 1955, are approved by the union cabinet this week.

The said amendments were initially drafted by the NN Mookerjee Committee in preparation of the bill which was later withdrawn as the union food minister assured the house that a new and more stringent bill will be placed. In the meantime, the Prabhat Kumar Committee reviewed the amendments and the food ministry finalised the draft accordingly. As the stringent measures of the lapsed EC Special Provisions Act, 1981, are not incorporated in toto as demanded by the states, the government decided not to place the bill in the winter session and preferred to bring in an ordinance instead.