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Union of India - Section

Section 0 in The Bureau Of Indian Standards (Certification) Regulations, 1988

0. Powers of the Bureau.-The Bureau may at its discretion under the provisions of section 15 of the Act,

(a)Refuse to grant or renew a license or extend its scope or cancel or alter so as to reduce the scope of the license provided that the refusal for grant, renewal, cancellation or alteration is a recommendation of the assessment team to which a decision by the Director-General of the Bureau shall be conclusive. The refusal to renew or cancel a license for failure to dischar e the obligations under Item M, shall be based on the report of assessment audit during surveillance and regular review or re-assessment. Such decisions shall be communicated to the applicant or licensee in writing.
(b)Any authorised officer of the Bureau shall be entitled to suspend a license if there are sufficient grounds of non-compliance of the following:-
(i)if surveillance proves non-conformity to the relevant requirements but immediate termination is not considered necessary;
(ii)if improper use of the license is made;
(iii)if related documents are not corrected to the Bureau's satisfaction;
(iv)if there has been any contravention of procedures set out by the Bureau;and
(v)if the licensee fails to meet financial obligations to the Bureau;
(vi)on any other grounds specifically provided for under the procedures, rules or formally agreed between the licensee and the Bureau.
(c)The Bureau may revoke suspension of a license after satisfying itself that the licensee has taken necessary actions to remove the deficiencies within time limits specified by the Bureau.
(d)Before the Bureau suspends or cancels any license, it shall give the licensee not less than fourteen days notice of its intention to suspend or cancel the license.
(e)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 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.
(f)If no explanation is submitted, the Bureau may on the expiry of period of the notice, suspend or cancel the license.
(g)Where a license has been suspended or cancelled or has not been renewed on the expiry of the period of its validity, the licensee shall discontinue forthwith the use of the license notwithstanding the pendency of any appeal before the Central Government under section 16 of the Act and shall return the license and related documents to the Bureau.
(h)Where the licensee is unable in the specified period or reasonable period of time, to rectify any deficiencies which make the licensee unable to comply with the requirements of this scheme, the license may be cancelled. Cancellation of the license in such case shall require the licensee to lodge a fresh application followed by the procedure prescribed in these regulations for the grant of a new license.
P. Misuse of license.-The licensee shall be deemed to have misused the license, if he tampers with the license in any manner or does not cease to display or otherwise use the license and the Bureau's Standard Mark immediately after,
(a)surrender of license or its suspension or cancellation; or expiry of period of validity of the license;
(b)the licensee has made a change to its management system which has not been accepted by the Bureau and which could reasonably be expected to affect the licensee's qualification for license;
(c)the licensee has failed to implement changes as advised by the Bureau or failed to take corrective actions on the non-conformities pointed out by the Bureau;
(d)any other circumstances arising which could reasonably be expected to affect adversely the management system of the licensee;
(e)when a Standard Mark has been specified in respect of a management system, no person other than the licensee in possession of a valid license shall make any public claim, through any advertisement, sales promotion leaflets, price lists or the like that his management system conforms to the relevant Indian Standard or use the Standard Mark.
Q. Appeals.Appeals against any decision of the Bureau shall be made under the provisions of section 16 of the Act, and the rules made thereunder.[***]
[Form I] [Substituted by G.S.R. 65(E), dated 11.2.2005 (w.e.f. 11.2.2005). ]
[See regulation 3]
BUREAU OF INDIAN STANDARDS
  Product Certification Scheme|
APPLICATION FOR LICENCE TO USE THE STANDARD MARK
| Full name of individual or firm|
| {|
  Address    
OFFICE   Tel  
 
             
City District State Country Pin Fax  
            Email  
             
|}
| {|
  Address    
FACTORY   Tel  
 
             
City District State Country Pin Fax  
            Email  
             
|}
| {|
  Top ManagementName Designation   Technical ManagementName Designation
MANAGEMENT 1234   1234
           
CONTACT PERSON & Tel No.  
|}
CORRESPONDENC ADDRESS OfficeFactory SCALE LargeSmall SECTOR PublicPrivate
           
| {|
This application is being made to use the BIS Standard Mark on:
PRODUCT  
       
INDIAN STANDARD IS :Part:Sec: GRADE / TYPE / CLASS  
|}
| {|
PRESENTINSTALLEDCAPACITY(Production per annum) Units of Production   Quantity   Value (Rs)  
           
|}
| DETAILS OF PREVIOUSCANCELLATION / CONVICTIONSIF ANY UNDER BIS ACT|
| {|
SEAL OF FIRM   Signature ___________________
Name ___________________
Designation ___________________
Date of application ___________________
       
Important : 1. Application should be signed by CEO of the firm, or in hisabsence by authorised representative
  2. Application from Foreign Manufacturers should be countersignedby Authorised Indian Representative
  3. Please inform whether you are holding BIS licence(s) for anyproducts(s).”
|}Signature ..............................................Name .....................................................Designation ..........................................Date of application ..............................Important.-1. Application should be signed by CEO of the firm, or in his absence by authorized representative.