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) 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.

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 - _

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.

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

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.

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 Certification

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART II—SHC. 3(t)1

(1) Management Systems

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.

(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.

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.

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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).

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.

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.

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.

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.

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THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—SEC. 3(i)]

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.

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.

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.

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.

Use of Bureau's Standard Mark - The licensee may use the standard

mark only as authorized by the Bureau.

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.

(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.

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\"i<Vi|<n—<*

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.

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.

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

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)

surveillance

proves

non-conformity

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^ '/•- '/ "'- — ~

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.

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.

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 -

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

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

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.

This licence shall be valid from

and

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

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.

Printed by the Manager, Oovl of India Press, Ring Rond, Mayapuri, New Dulhi-110064

and Published hy the Controller of Publications, Dclhi-110054