Section 5 in The Bureau Of Indian Standards (Certification) Regulations, 1988
5. Conditions of a license.-(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 license has been granted. The licensee shall get the fascimile 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 or registration] 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 license, so as to ensure hat 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 license granted by the Bureau may be cancelled by it, if it is satisfied that the(i)articles marked with the Standard Mark under a license do not comply with the related Indian Standard or Standards; or(ii)licensee had used the mark in respect of a process which does not come up to the related Indian Standard or Standards; or(iii)licensee failed to provide reasonable facilities to any Inspecting Officer to enable him to discharge the duties imposed on him; or(iv)licensee has failed to comply with any of the terms and conditions of the license.(b)A license may be suspended by the Bureau on request from the licensee, if the operatio) in his premises can no longer be carried due to:authority.(i)natural calamities such as flood, fire, earthquake, etc;(ii)a lock out declared by the licensees, management;(iii)closure of operations directed by a competent Court or statutory(c)Before the Bureau cancels any license, it shall give the licensee not less than fourteen days' notice of its intention to cancel the license.(d)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.(e)If no explanation is submitted, the Bureau may, on the expiry of period of the notice, cancel the license.(f)Where a license has been suspended or cancelled, or the term 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 articles either removed, cancelled, defaced or erased.] [Substituted by G.S.R. 531(E), dated 30.7.2002 (w.e.f. 30.7.2002). ](6)When a license has been suspended or cancelled, the Bureau shall publish the particulars of the license 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. Such evidence is not limited to, but may include one or more of the following situations:(i)non-conformance of products established after factory or independent testing;(ii)non-implementation of the provision(s) of the Scheme of Testing and Inspection;(iii)non-availability of testing personnel and no alternate arrangements made;(iv)significant modification(s) in the manufacturing process, plant, machinery, etc., without prior evaluation and approval of the Bureau;(v)relocation of plant and machinery;(vi)prolonged closure of factory;(vii)marking non-conforming products;(viii)marking on products other than those included in the license.The resumption of marking shall be permitted by the Bureau after satisfying itself that the licensee has taken necessary actions and sufficient evidence is available about the conformity of the product to the relevant standard.(c)(i)The Bureau may, after serving a notice of not less than fourteen days, direct the licensee to Stop Marking the product if at any time, the licensee has not paid the fees, inspection or test charges payable by him. The resumption of marking shall be permitted after the dues have been paid in full or in part as agreed by the Bureau.(ii)Where a decision has been taken to defer the renewal of a license, the licensee shall be directed to Stop Marking his product till such time as decision is taken to renew the license.](8)The decision of the Bureau under sub-regulation (4) of the regulation 4 or sub-regulation (5) of the regulation 5 together 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 license issued in respect thereof shall be deemed to have been cancelled from the date of withdrawal of such Indian Standard and any such license shall be surrendered to the Bureau by the licensee forthwith. In the case of such cancelled license, a part of the marking fee, if paid in advance, proportionate to the unexpired period of the license, 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 license for the use of Standard Mark in respect of that article or process has been issued, or an application has been made for a license(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 case 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 samples 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 license.(14)An inspecting officer shall make to the Bureau a detailed report of every inspection made by him.(15)[ The licensee shall, if so required by the Bureau, use the Bureau's prescribed holograms on the specified products in addition to the Standard Mark. The holograms shall be supplied at the prescribed rates by the Bureau or its authorised representatives in this regard. The copyright of the hologram shall vest in the Bureau and the licensee shall not imitate the same nor use the spurious hologram on the products covered by the license.] [Inserted by G.S.R. 199(E), dated 11.3.1999 (w.e.f. 11.3.1999). ]
