REGD. NO. D. L.-33004/99
The Gazette of India
EXTRAORDINARY
PART II — Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 353] NEW DELHI, TUESDAY, JULY 30, 2001/SBVANA 8,1924
2394 GI/20022 THE GAZETTE OF INDIA EXTRAORDINARY [PARTII-^SEC 3(ft] _34 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] 56 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC 3(i)1 — ^-~ ' -^ •*^-* i • 1 • • " 1 "—• 1 78 THE GAZETTE OF INDIA: EXTRAORDINARY [PART H^-SBC. 3(i)l _910 THE GAZETTE OF INDIA: EXTRAORDINARY |PART II—SEC. 3(i)] Jl12 THE GAZETTE OF INDIA; EXTRAORDINARY [PART I I ^ S E C. 3(i)l 1314 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC.3(Q] 1516 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SKC.3(J)] 17
MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION
(Bureau of Indian Standards)
NOTIFICATION
New Delhi, the 30th July, 2002
G.S.R.531(E).— |n 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 further to amend the Bureau of Indian Standards (Certification) Regulations, 1988, namely:-
1. (1) These regulations may be called the Bureau of Indian Standards (Certification) Amendment Regulations, 2002.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Bureau of Indian Standards (Certification) Regulations, 1988 (hereinafter referred to as the said regulations), -
(1) After regulation 2 for the heading "MANNER, CONDITION, RATES OF FEE FOR GRANT AND RENEWAL OF LICENCE (EXCEPT FOR QUALITY SYSTEM AND ENVIRONMENTAL MANAGEMENT SYSTEM)", the following heading shall be substituted, namely:-
"MANNER, CONDITION, RATES OF FEE FOR GRANT AND RENEWAL OF LICENCE (EXCEPT FOR MANAGEMENT SYSTEMS)".
(2) In the said regulations, in regulation 5, -
(a) for sub-regulation (5), the following sub-regulation shall be substituted, namely:-
"(5)(a)Any licence granted by the Bureau may be cancelled by it, if it is satisfied that the -
(i) articles marked with the Standard Mark under a licence 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 ^lif*:/, L -_18 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—Sbc.3(i)] (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 licence.
(b) A licence may be suspended by the Bureau on request from the licensee, if the operation(s) in his premises can no longer be carried due to:
(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 authority.
(c) Before the Bureau cancels any licence, it shall give the licensee not less than fourteen days' notice of its intention to cancel the licence.
(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 licence.
(f) Where a licence 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."
(b) In sub-regulation (7), for clause (b), the following clauses shall be substituted, namely:-
"(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 19 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 licence.
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 licence, the licensee shall be directed to Stop Marking his product till such time as decision is taken to renew the licence.".
(3) In the said regulations, for regulation 7, the following regulation shall be substituted, namely:-
"MANNER, CONDITION AND FEES FOR GRANT AND RENEWAL OF
LICENCE FOR MANAGEMENT SYSTEMS
7. Other Services Associated to Certification20 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SHC. 3(t)1
(1) Management Systems
A. Application for Licence -
(a) Every application for the grant of licence for Management Systems certification shall be made to the Bureau in the Form specified by the Bureau, which shall be signed by the proprietor, partner or the Managing Director of the applicant firm or by any person authorized to sign declaration on behalf of the firrn. 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.
(b) Every application for certification shall be accompanied by supplementary questionnaire duly filled in the Form specified by the Bureau. The application shall also be accompanied by a Manual and Plan as prepared by the applicant firm and the policy declared by the applicant firm for the system for which certification is sought.
(c) The application form along with fee decided by the Bureau and other necessary documents submitted by the applicant shall be acknowledged and numbered by the Bureau in the order of priority according to the date of the receipt. The fee shall be non- refundable.
(d) After acknowledgement, the application shall be verified by the Bureau, and if it is in order, the applicant shall be informed of the intention of the Bureau to proceed with the application.
(e) If required, the Bureau shall provide to the applicant the information about the scheme and also obtain such further information from him, if necessary.
(f) An application may be rejected if the applicant does not comply with one or more of the following requirements -
(i) application fee not accompanying the application;
(ii) application form is incomplete;
(iii) annexures to the application are not clear.
In addition, 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.
21 (g) The reason for rejection of the application shall be communicated to the applicant by the Bureau.
(h) The application for a licence by a firm which has been convicted under section 33 of the Bureau of Indian Standards Act, 1986 shall not be entertained for a minimum period of six months from the date of such conviction. The extent of the period of disqualification shall be determined by the Bureau having regard to the facts and circumstances of each case and it shall not exceed a maximum period of one year.
B. Assessment Procedure - (a) If the application is in order, then the Bureau shall proceed as per clauses (b) to (f).
(b) The Bureau may, if necessary, arrange a visit to the premises of the applicant to acquaint itself about size, nature of operation and readiness for the assessment and the type of expertise required by the assessment team.
(c) The applicant is required to have a documented management system, which conforms to the relevant Indian Standard(s) on management systems. Before an assessment visit is made, a detailed appraisal of the applicant firm's management system documentation for conformance with the relevant Indian Standard on the management systems shall be undertaken by the Bureau, The applicant shall then be notified about any significant omissions or deviations from the requirements to make suitable amendments prior to the assessment visit.
(d) The applicant shall ensure that -
(i) all documentation relating to the management system(s) for which the licence is sought, including the Manual and Plan or its equivalent is made available to the Bureau;
(ii) all relevant records relating to implementation of the management system(s) are made available to the Bureau;
(iii) the assessment team is permitted and assisted to undertake assessment of the management system; and
(iv) responsibility to the Bureau for the management system(s) is clearly defined by appointing a designated person to ensure that the required management system procedures are observed.
22 _ ^ _ _ _ _ _ _ ^ __ THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)](e) The assessment team shall comprise lead auditor and one or more auditors as deemed necessary. The assessment team may also include technical expert(s) or experienced assessors in the concerned technology area as member.
(f) The assessment shall involve an in-depth appraisal of the applicant firm's procedures for the conformance to the requirements decided by the Bureau. The applicant shall be required to demonstrate the practical application of the documented procedures. The assessment team shall identify the non-conformance and bring them to the notice of the applicant for rectification.
(g) Date(s) and time of the assessment visit shall be decided on mutual agreement between the parties (assessment team and the applicant).
C. Assessment fees - (a) Assessment fee depends upon the nature of the activities of the firm. The fee determined shall be intimated to the applicant prior to the visit.
(b) All assessment and reassessment fee determined by the Bureau and cost of travel and stay shall be paid by the applicant firm prior to the visit.
(c) If the application, is in respect of more than one area of technology or for more than one standard, the assessment visit normally covers all aspects.
D. Factors for the grant of licence - (a) The assessment team after the assessment shall analyse the capability of the applicant to operate the Management Systems Certification Scheme.
(b) The assessment team shall prepare a report against each of the items or clauses given in the relevant Indian Standard(s) on Management Systems against which the assessment has been carried out. The applicant shall be notified in writing the non- conformities, if any, observed during the assessment.
(c) The applicant shall produce evidence that corrective actions have been taken to meet all the relevant requirements within the time limits specified by the Bureau. The Bureau may undertake a full or partial reassessment or accept written declaration that corrective action has been taken, to be confirmed by the Bureau during a surveillance visit.
_23 (d) When the Bureau is satisfied with the recommendations of the assessment team for grant of licence, the same shall be granted, as per Form III. While making the recommendations, the team shall take into account the assessment made under sub-clause (a) to (c) of item-D and also the requisite skill, equipment, systems resources, previous performance and antecedents relevant to the issuance of the licence.
(e) If the applicant is not able to produce evidence that corrective actions have been taken to meet all the relevant requirements within the time limits specified by the Bureau, the Bureau may refuse to grant the licence. However, before refusing to grant the licence, the Bureau shall give a reasonable opportunity to the applicant of being heard either in person or through a representative authorized by him in this behalf and may take into consideration any fact or explanation urged on behalf of the applicant before refusing to grant the licence.
E. Undertaking - Prior to grant of licence, the applicant shall sign an undertaking to the effect that he will make no claim direct or implied that the licence to be granted relates to any products, processes or systems other than those that will be set out in the licence and the Schedule.
F. Grant of licence
(a) The licence shall be granted for a period of three years in the first instance. The Bureau shall inform the applicant about the grant of licence.
(b) The Bureau shall provide a certificate for grant of licence in Form III which shall be used by the licensee subject to the provision of item- L of sub-regulation (1) of Regulation 7. Additional copies of certificate may be provided on payment as determined by the Bureau from time to time.
(c) The licence shall be returned to the Bureau in the event of its being surrendered, not renewed, suspended or cancelled.
(d) The Bureau shall register the licensee as having a management system in accordance with the scheme's assessment requirements for the products or processes involved in manufacturing the product or providing a service.
(e) The Bureau shall authorise the licensee to use, subject to the provisions of item K, the Standard Mark as decided by the Bureau.
24_ THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 3(i)]G. Licence fee - (a) The licence fee shall be determined by the Bureau from time to time.
(b) The licence fee shall be paid by the applicant at the time of grant and renewal of licence. No such fee or part thereof shall be refunded.
H. Renewal of licence - The licence may be renewed for a period of three years. The renewal will be done by re-asse*>sing the capabilities of the licensee, the fee of which shall be borne by the licensee. The licence shall expire after the period for which it is granted, if not renewed.
I. Surveillance and regular review - (a) The grant of licence shall be followed by surveillance visits. The frequency and extent of visits shall be determined by the Bureau.
(b) The surveillance visits may be planned in consultation with the licensee to ensure that the management systems and procedures already assessed are being maintained.
(c) Special assessment visit shall be necessary where a licensee fails to observe the conditions of the licence or where there have been significant changes in the organization of the licensee. The licensee shall be liable for the costs of all such visits.
J. Changes in the management system - (a) The licensee shall inform the Bureau promptly about any intended changes in the management system or other changes which may affect conformance to the requirements decided by the Bureau.
(b) The licensee shall accept the decision of the Bureau as to whether the intended changes require reassessment or further investigation.
K. Use of Bureau's Standard Mark - The licensee may use the standard mark only as authorized by the Bureau.
L. Publicity- (a) The Bureau shall maintain a list of licensees and make it available for public information.
(b) The list shall be updated periodically.
(c) The Bureau may bring out publications containing information regarding licensees.
(d) The licensee shall inform potential customers, purchasers or purchasing authorities, of the full and exact details of the licence.
25 (e) The licensee shall display the licence in his premises.
(f) The licensee shall make use of the Bureau's Standard Mark as authorized.
(g) The licensee shall state in ^documentation brochures or through advertising media that the organization or iocation to which the licence applies have been assessed and approved by the Bureau, In such advertisement the Indian Standard(s) on Management Systems(s) for which a licence has been granted is/are to be stated and any other level(s) of approval than granted is not to be implied.
(h) A licensee who has been,,granted a licence for management system certification shall not claim or imply that the product manufactured by him has been certified or approved by the Bureau unless he is holding a valid licence for that product under the recognized product certification scheme of the Bureau.
M. Obligations of the licensee'- A licensee on grant of certification for management systems shall, - ' ,
(a) at all times comply with the requirements of the licence as set out therein and comply with these regulations or any amendments thereto;
(b) only claim that he is holding a licence in respect of the capability which is the subject of the licence and which relates to the products, processes or systems in accordance with the licence requirements;
(c) not use the licence in any manner to which the Bureau may object and shall not make any statement concerning the authority of the licensee's use of the licence which in the opinion of the BIS may be " misleading;
(d) submit to the Bureau for approval the form in which he proposes to use his licence or proposes to make references to the licence.
(e) upon expiry of its period of validity, suspension, or termination of the licence, however determined, discontinue its use forthwith and withdraw all promotional and advertising matter which contains any . reference thereto;
(f) not make any change in the Management System which forms the basis for the grant or renewal of the licence and which prevents *V\"i26 THE GAZETTE OF INDIA. EXTRAORDINARY |PARTU—SEC 3(I)] his compliance with the Scheme without prior approval of the Bureau;
(g). submit to the Bureau any amendments to the approved documented System;
(h) document all changes made to the Management System and make records of such changes available to Bureau's designated officers on request. A change in key personnel in relation to management of the licenced systems and technological functions or senior management shall be notified to the Bureau by the licensee;
(f) permit access to a team appointed by the Bureau for purposes of assessment, audit or surveillance. The licensee shall give full details of all actions taken in response to field problems, arising from allegations of defects in products, processes or systems covered in the licence and allow Bureau's officers access to all relevant records and documents for the purpose of verifying such details;
(j) be required to produce evidence of continuing operations for the products, processes or systems covered by the licence. Licensee shall notify the Bureau in writing of discontinuance in such operations exceeding three months. Discontinuance of a licence in excess of six months or more may lead to cancellation of licence. In such cases, a fresh application shall be submitted to the Bureau and an assessment visit will be necessary prior to grant of a new * licence;
(k) pay all financial dues to the Bureau, in the manner specified by it, even for the period of discontinuance or suspension of licence.
N. Surrender of licence - A licence may be surrendered by the licensee at any time in writing to the Bureau. In the case of surrender, the licensee shall return the licence with all the related documents to the Bureau.
O. 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 licence or extend its scope or cancel or alter so as to reduce the scope of the licence 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 licence for failure to discharge the obligations undei item-M, shall be based on the report of assessment/audit 27 during surveillance and regular review or reassessment. Such decisions shall be communicated to the applicant or licensee in writing.
(b) Any authorized officer of the Bureau shall be entitled to suspend a licence 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 licence 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;
(v) if the licensee fails to meet financial obligations to the Bureau;
and
(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 licence 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 licence, it shall give the licensee not less than fourteen days notice of its intention to suspend or cancel the licence.
(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 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.
(f) If no explanation is submitted, the Bureau may on the expiry of period of the notice, suspend or cancel the licence.
-s\-i^ '/•- '/ "'- — ~
2X
THE GAZETTE OF INDIA EXTRAORDINARY
|PAKI II—She. l(i)J (g) Where a licence 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 licence notwithstanding the pendency of any appeal before the Central Government under section 16 of the Act and shall return the licence 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 licence may be cancelled. Cancellation of the licence 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 licence.
P. Misuse of licence - The licensee shall be deemed to have misused the licence, if he tempers with the licence in any manner or does not cease to display or otherwise use the licence and the Bureau's Standard Mark immediately after, - (a) Surrender of licence or its suspension or cancellation; or expiry of period of validity of the licence.
(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 licence;
(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 licence 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.
_J29
FORM III
[see regulation 7(1 )(D)(d) ]
BUREAU OF INDIAN STANDARDS
LICENCE FOR THE MANAGEMENT SYSTEMS CERTIFICATION
Licence No. QSC/L -
1. By virtue of the power conferred on it by, the Bureau of Indian Standards Act, 1986 (63 of 1986), the Bureau hereby grants to
(hereinafter called the licensee) the right and licence to be listed in the Bureau's register(s) of Licensees of Management* Systems Certification in respect of the products or processes particularly described in the Schedule hereto, bearing the same number as this licence. Such products shall be manufactured by the Licensee at only the address(es) given above, and under the Management* System in accordance with IS
2. The licence is granted subject to the relevant provisions of the above Act and the rules and regulations made thereunder governing the licences referred to above, and the licensee hereby covenants with the Bureau duly to observe with the said rules and regulations.
to and 3. This licence shall be valid from may be renewed as prescribed in the regulations.
Signed, Sealed and Dated this day of
for BUREAU OF INDIAN STANDARDS Schedule to Licence No. Issued to TO
THE GAZl-Tli: OF INDIA EXTRAORDINARY [PART 11—Si c 30)1
SCHEDULE
Products/processes with respect to which the firm has been granted the licence tor Management* Systems Certification :
*Appropriate Management System to be inserted here."
(4) In the said regulation, regulation 8 shall be deleted.
[F No BIS/EC/REG/6]
S NA UTIYAL, Director General Note:The principal regulations were published in the Gazette of India vide number GSR 10(E) dated 6 January 1988 and subsequently amended vide number GSR 524(E) dated 9 August 1991, BIS/EC/REG/6 dated 27 September 1994, GSR 634(E) dated 4 November 1997 and GSR 199(E) dated 11 March 1999.
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