THE BUREAU OF INDIAN STANDARDS (CERTIFICATION) REGULATIONS, 19881
1. The short title and commencement.
2. Definitions.
3. Manner of applying for licence.
4. Grant of Licence.
6. Fees.
THE BUREAU OF INDIAN STANDARDS
(CERTIFICATION) REGULATIONS, 19881
In exercise of the powers conferred
by section 38 of the Bureau of Indian Standards Act, 1986 (63 of 1986), the Executive
Committee of the Bureau of Indian standards, with the previous approval of the
Central Government, hereby makes the following regulations, namely: --
1. Vide
G.S.R. 10(E), dated 6th January, 1988.
1. Short
title and commencement. -
(1) These regulations
may be called the Bureau of Indian Standards (Certification) Regulations, 1988.
(2) They
shall come into force on the date of their publication in the Official Gazette.
2. Definitions. - In
these regulations unless the context otherwise requires, -
(a) “Act”
means the Bureau of Indian Standards Act, 1986 (63 of 1986).
(b) “Form”
means a form annexed to these regulations;
(c) “Rules”
means the Bureau of Indian Standards Rules, 1987;
(d) All
other words and expressions used in the regulations and not defined but defined
in the Act or the rules shall have the meanings respectively assigned to them
in the Act and the rules.
MANNER, CONDITION AND RATES OF FEE FOR GRANT
AND RENEWAL OF LICENCE
3. Manner
of applying for licence. -
(1) Every application
for the grant of a licence shall be made to the Bureau in Form I.
(2) Every
application for a licence shall be accompanied by a statement furnishing in
detail any scheme of inspection and testing, which the applicant maintains or
has been in use or proposes to maintain or to put use and which is designed to
regulate, during the course of manufacture or production, the quality of the
article or process for which the licence is applied for.
(3) Every
application shall be signed in the case of an individual, by the applicant or,
in the case of a firm, by the proprietor, partner or the managing director of
the firm or by any other person authorised to sign any declaration on behalf of
the firm. The name and designation of the person signing the application shall
be recorded legibly in the space set apart for the purpose in the application
form.
(4) Every
application for a licence shall, on receipt by the Bureau, be numbered in order
of priority of the receipt and be acknowledged.
(5) The
Bureau may call for any supplementary information or documentary evidence from
any applicant in support of or to substantiate any statement made by him in his
application, within such time as may be directed by the Bureau, and
non-compliance with such direction may have the effect of the application being
summarily rejected by the Bureau.
(6) On receipt of an application for a licence
and before granting a licence, the Bureau may-
(a) Require
evidence to be produced that the article or process in respect of which a
licence has been applied for, conforms to the Indian Standard;
(b) Require
evidence to be produced that the applicant has in operation a scheme of routine
inspection and testing, which will adequately ensure that all marked products
shall conform to the Indian Standard;
(c) Require
all reasonable facilities to be provided to an Inspecting Officer of the Bureau
to inspect the office, workshop, testing laboratories or godowns and any other
premises of the applicant and to draw and test sample or samples for the
purpose of verifying the evidence produced by the applicant under clause (a) or
clause (b) or both;
(d) For the purpose of clause (a), direct the
applicant to submit samples to such testing authority as the Bureau may
consider appropriate. The expenses for
testing shall be borne by the applicant; and
(e) On the
basis of any report received under clause (c) or clause (d) or both, the Bureau
may, as deemed fit, require the applicant to carry out such alterations in, or addition
to, the scheme of testing and inspection or the process of manufacture or
production in use by the applicant.
(1) If the
Bureau, after a preliminary inquiry, is satisfied that the applicant is fit to
use the Standard Mark, the Bureau shall grant a licence in Form 11 authorising
the use of the Standard Mark in respect of the article or class of articles
manufactured by the applicant or in respect of the process employed in any
manufacture or work, subject to such terms and conditions as specified in these
regulations. The Bureau shall intimate
the applicant about grant of licence.
(2) A
licence shall be granted in Form II for a period of one year in the first
instance. The Bureau may, on an
application made by a licensee at least one month before the expiry of the
period for which the licence has been granted, renew the same for a like
period. Renewal of licence for
subsequent period may also be done by the Bureau in a similar manner:
Provided that if the Bureau so decides,
depending, among other things, on the licensee’s performance, it may renew the
licence for a period longer than one year but not exceeding two years at a
time.
(3) The
Bureau may, during the period of the validity of the licence, alter by giving
one month's notice to a licensee any terms and conditions subject to which the
licence has been granted.
(4) Where
the Bureau, after a preliminary inquiry, is of the opinion that a licence
should not be -ranted, the Bureau shall give a reasonable opportunity to the
applicant of being heard, either in person or through a representative
authorised by him in this behalf, and may take into consideration any fact or
explanation urged on behalf of the applicant before rejecting the application.
(5) Where a
licence to use Standard Mark has been granted, it shall be notified in the
Official Gazette specifying the particulars of the licence.
(6) A
licence, unless renewed or its renewal is deferred by the Bureau shall expire
at the end of the period for which it is granted.
(7) Particulars
of all licences issued by the Bureau under these regulation in connection with
the use of Standard Mark, shall be entered in a resister, which the Bureau
shall maintain.
(1) The
Standard Mark shall be applied in such manner, as it may be easily visible as a
distinct mark on the articles or the covering or on test certificates relating
to articles, which cannot be labelled or covered. The Standard Mark shall be applied to only such types, grades,
classes, varieties, sizes of the article for which the licence has been
granted. The licence shall get the
facsimile of the Standard Mark proposed to be used by him, approved from the
Bureau.
(2) When a Standard
Mark has been specified in respect of an article or process, no person other
than the licensee in possession of a valid licence shall make any public claim,
through any advertisement, sales promotion leaflets, price-lists or the like,
that his product conforms to the relevant Indian Standard or carries the
Standard Mark.
Explanation. -For the purpose of this sub-regulation, a claim as to
conformity of one's product to an Indian Standard in reply to a specific query
or in a tender addressed to any individual customer shall not be deemed to be a
public claim.
(3) So long
as a Standard Mark is not specified for an article or process, a person may
publically claim that this product or process conforms to the Indian Standard
provided that such product or process actually conforms to the Indian Standard.
(4) (a) Every licensee shall institute and
maintain, to the satisfaction of the Bureau, a system of control to keep up the
quality of his production or process by means of a scheme of testing and
inspection as indicated in the licence, so as to ensure that the article or
process, in respect of which the Standard Mark is being used, comply with the
relevant Indian Standard.
(b) The licensee shall maintain a complete
record of the tests and inspection and such other data as specified in the
scheme for testing and inspection, to establish to the satisfaction of the
Bureau that the required control of production or process has been and is
being, satisfactorily maintained. Such
records shall, on demand, be made available for inspection to the Inspecting
Officer.
(5) (a) Any licence granted by the Bureau may be
suspended or cancelled by it, if it is satisfied-
(i) That
the articles marked with the Standard Mark under a licence do not comply with
the related Indian Standard or Standards; or
(ii) That
the licensee had used the marking respect of a process which does not come up
to the related Indian Standard or Standards; or
(iii) That
the licensee failed to provide reasonable facilities to any Inspecting Officer
to enable him to discharge the duties imposed on him; or
(iv) That
the licensee has failed to comply with any of the terms and conditions of the
licence.
(b) Before the Bureau suspends or cancels any
licence, it shall give the licensee not less than fourteen days notice of its
intention to suspend or cancel the licence.
(c) On the
receipt of such notice, the licensee may submit an explanation on his behalf to
the Bureau within seven days from the receipt of the notice. If an explanation is submitted, the Bureau
may consider the explanation and give a hearing to the licensee within fourteen
days from the date of receipt of such explanation or before the expiry of the
notice whichever is longer.
(d) If no
explanation is submitted, the Bureau may, on the expiry of period of the
notice, suspend or cancel the licence.
(e) Where a
licence has been suspended or cancelled, or the terms thereof has not been
renewed on the expiry of the period of its validity, the licensee shall discontinue
forthwith the use of the Standard Mark notwithstanding the pendency, of any
appeal before the Central Government under section 16 of the Act and if there
be, with the licensee or his agents, any articles in stock which have been
improperly marked, the licensee or his agents, as the case may be, shall take
necessary steps to get the Standard Mark on such article either removed,
cancelled, defaced or erased.
(6) When a
licence has been suspended or cancelled, the Bureau shall publish the particulars
of the licence so suspended or cancelled, in the Official Gazette.
(7) (a) If, at any time, there is some difficulty
in maintaining the conformity of the product to the specification or the
testing equipment goes out of order, the marking of the product shall be
stopped by the licensee, under intimation to the Bureau. The marking may be resumed as soon as the
defects are removed and information regarding such resumption of marking be
sent to the Bureau, immediately thereafter.
(b) If, at any time, the Bureau has
sufficient evidence that the product carrying the Standard Mark may not be conforming to the Indian
Standard the licensee shall be directed to stop marking of such product. The resumption of marking on the product
shall be permitted by the Bureau after satisfying itself that the licensee has
taken necessary actions to remove the deficiencies.
(8) The
decision of the Bureau under sub-regulation (4) of the regulation 4 or
sub-regulation (5) of the regulation 5 to-ether with the grounds for arriving
at such decision shall be communicated, in writing by registered post, to the
applicant or the licensee, as the case may be.
(9) An
inspection, specially made at the request of an applicant or a licensee, shall
be chargeable to the account of applicant or the licensee. Charges for such special inspection or
inspections shall be such as may be decided by the Bureau.
(10) When an
Indian Standard is withdrawn and not superseded by any other Indian Standard,
any licence issued in respect thereof shall be deemed to have been cancelled
from the date of withdrawal of such Indian Standard and any such licence shall
be surrendered to the Bureau by the licensee forthwith. In the case of such cancelled licence, a
part of the marking, fee, if paid in advance, proportionate to the unexpired
period of the licence, may be refunded to the licensee.
(11) The
following procedure shall apply in the case of inspection in respect of any
article or process where a licence for the use of Standard Mark in respect of
that article or process has been issued, or an application has been made for a
licence: -
(a) When an Inspecting Officer proposes to
inspect the premises of an applicant, he shall, preferably, give reasonable
notice of his visit to the applicant but for inspection of premises of a
licensee, such notice is not necessary;
(b) If
during an inspection, an Inspecting Officer wishes to take one or more samples
of any article, material or substance, he shall do so in the presence of the
licensee or the applicant or a responsible person belonging to the
establishment of the licensee or the applicant, as the case may be;
(c) The Inspecting Officer may at his
discretion, and shall if the licensee or applicant or the responsible person belonging
to the establishment demands it take duplicate samples and give one sample to
the licensee or the applicant or such responsible person;
(d) The
Inspecting Officer may at his discretion, and shall if the licensee or
applicant or the responsible person belonging to the establishment demands it
place each such sample in a covering and jointly seal each sample. In the use of samples drawn by the
Inspecting Officer, which cannot be so sealed, such samples shall be marked
with certain identification to establish their identity;
(e) Impression
of the seals and details of identification shall be given in the Inspecting
Officer's report. The sample shall be
labelled giving complete details; and
(f) The
Inspecting Officer shall give a receipt for sample or samples taken and retain
a duplicate copy of the receipt duly signed by the person in whose presence the
sample was taken.
(12) The
Inspecting Officer may take samples of articles marked with the Standard Mark
from the godowns or any such premises of any agent of the licensee or from the
articles put up for sale in the open market by the licensee or his agent.
(13) The
Bureau shall arrange at least two inspections a year in respect of each
licence.
(14) An
Inspecting Officer shall make to the Bureau a detailed report of every
inspection made by him.
(1) Every
application for the grant of a licence shall be accompained by a fee of five
hundred rupees and every application for renewal of a licence shall be
accompanied by a fee of three hundred rupees.
No such fee or part thereof shall, in any circumstance, be refunded.
(2) In
addition to the application fee paid by the applicant with his application
under sub-regulation (I), there shall be paid by every licensee-
(i) An
annual licence fee of rupees five hundred;
(ii) A marking fee at the rate as may be
determined by the Bureau and corresponding to total annual production of the
article or process covered by the Standard Mark or minimum fee, whichever is
higher.
(3) The marking
fee shall, from time to time be determined by the Bureau and shall be published
in the Official Gazette in the form of schedule showing the marking fees per
unit for each class of product or process.
(4) The
annual licence fee and the minimum-marking fee for the first year shall be paid
by the applicant at the time of grant of the licence. Thereafter, at the time of application for renewal of the
licence, the licensee shall pay the annual licensee fee, along with marking fee
due for the period immediately preceding the renewal, so long as the licence
remains effective.
(5) The
licensee shall pay the marking fee in the manner stipulated in the Second
Schedule to Form II.
7. Other services associated
to certification. -
(1) For
recognition of Quality Assurance Systems in manufacturing or processing units
the Bureau shall administer a Quality Assurance’ service as provided under
sub-rule (d) of rule 13 of the Bureau of Indian Standard Rules, 1987. The terms and conditions of such quality
assurance service shall be as mutually agreed.
(2) In
furtherance of the functions set forth under sub-rule (a) of rule 13 of the
Bureau of Indian Standards Rules, 1987, the Bureau shall, among others provide
services for application of statistical quality control techniques aimed at
improving design development, process control and process capabilities,
etc. Such services shall be provided
either in groups or for in-house quality improvement in manufacturing or
processing units, in accordance with condition stipulated by the Bureau.
FORM I
(See regulation 3)
Application for Licence to use the Standard Mark
[Omitted]