This section gives extracts from three legislations which have a bearing on the subject of BIS Standards for imports. The three legislations are

A. The Bureau of Indian Standards Act 1986

B. BIS Rules 1987

C. BIS Certification Regulations 1988

Section 11 - Prohibition of improper use of Standard Mark (1) No person shall use, in relation to any article or process, or in the title of any patent, or in any trade-mark or design the Standard Mark or any colourable imitation thereof, except under a licence.

(2) No person shall, notwithstanding that he has been granted a licence, use in relation to any article or process the Standard Mark or any colourable imitation thereof unless such article or process conforms to the Indian Standard.

Section 12 - Prohibition of use of Certain names etc. No person shall, except in such cases and under such conditions as may be prescribed, use without the previous permission of the Bureau:-

(a) any name which so nearly resembles the name of the Bureau as to deceive or likely to deceive the public or which contains the expression "Indian Standard" or any abbreviation thereof; or

(b) any mark or trade-mark in relation to any article or process containing the expressions "Indian Standard" or "Indian Standard Specification" or any abbreviation of such expressions.

Section 14 - Compulsory use of Standard Mark for articles and processes to certain scheduled industries- If the Central Government, after consulting the Bureau, is of the opinion that it is necessary or expedient so to do, in the public interest, it may, by order published in the Official Gazette,-

(a) notify any article or process of any scheduled industry which shall conform to the Indian Standard; and

(b) direct the use of the Standard Mark under a licence as compulsory on such article or process.

Explanation - For the purposes of this section, the expression "scheduled industry" shall have the meaning assigned to it in the Industries (Development and Regulation) act, 1951.

Section 33 - Penalty for improper use of Standard Mark etc. (1) Any person who contravenes the provisions of section 11, or section 12 or section 14 or section 15 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both.

(2) Any court trying a contravention under sub-section (1) may direct that any property in respect in respect of which the contravention has taken place shall be forfeited to the Bureau.

(a) The procedure employed in establishing Indian Standards is designed to ensure that all interested parties have an opportunity to put forward their views, that a consensus has been obtained on the contents of the standards and that there is substantial support for the standards.

(b) Indian Standards are voluntary and available to the public. Their implementation depends on adoption by concerned parties. However, an Indian Standard becomes binding if it is stipulated in a contract or referred to in a legislation or made mandatory by specific orders of the Government.

For the purpose of performing the duties imposed on him by or under section 25 and section 26 of the Act, an Inspecting Officer may -

(a) at any time during the usual business hours enter upon any premises in which any article or process in respect of which a licence has been granted under rule 16 is manufactured or employed by a licensee with a view to ascertaining that the Standard Mark is being used in accordance with the terms and conditions imposed by the Bureau and that the Scheme of routine inspection and testing specified by the Bureau is being correctly followed;

(b) inspect and take samples at such premises of any such articles or any material used or intended to be used in the manufacture of such article which is marked with a Standard Mark;

(c) inspect any process at such premises in respect of which the licensee has been given the authority to use the Standard Mark;

(d) examine the records kept by the licensee relating to the use of the Standard Mark;

(e) enter into, and search "any place, premises or conveyance for such article or process contravening provisions of Section 11 or Section 12 of the Act as provided in Section 26; and

(f) Where, as a result of search made under (e), any article or process has been found in relation to which contravention of Section 11 or Section 12 of the Act has taken place, seize such articles and any other things as provided in Section 26.

Manner, Condition, Rates of Fee for Grant and Renewal of Licence (Except for Quality System and Environmental Management System)

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 into 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. The name and designation of the persons 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 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 related 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.

4. Grant of Licence - (1) If the Bureau, after a preliminary inquiry, is satisfied that the applicant having regard to requisite skill, equipment, systems, resources, previous performance and antecedents relevant to the issuance of the licence is fit to use the Standard Mark, the Bureau shall grant a licence in Form II authorising the use of the Standard Mark 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.

(1A) Where the application for a licence is made by a person, who has been convicted under section 33 of the Act, he shall not be eligible to apply for a period of six months from the date of such conviction. 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 period of one year.

(2) A licence shall 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 the licence for subsequent periods may also be done by the Bureau in a similar manner.

Provided that if the bureau so decides, depending, among other things, on the licensees 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 months 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 granted, 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 regulations in connection with the use of Standards Mark shall be entered in a register which the Bureau shall maintain.

5. Conditions of a Licence (1) The Standards 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 of which the licence 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 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 ones product to an Indian Standard in reply to a specific query or in a tender address 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 Standards.

(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 Standards or Standard; or

(ii) that the licensee had used the mark in 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.

(g) 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.

(h) 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.

(i) If no explanation is submitted, the Bureau may, on the expiry of period of the notice, suspend or cancel the licence.

(j) 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 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.

(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 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 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 substances, 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 Officers 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 or 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.

(15) The licensee shall, if so required by the Bureau, use the Bureaus 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 licence.

6. Fees (1) Every application for the grant of a licence shall be accompanied by a fee of rupees one thousand and every application for renewal of a licence shall be accompanied by a fee of rupees five hundred. 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 (1), there shall be paid by every licensee-

(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 a 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 a 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 licence 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.