Bureau
of Indian Standards (Conformity Assessment) Amendment Regulations, 2022
[16 March 2022]
F.
No. BS/11/11/2021.- In exercise of the powers conferred by section 39 read with
sections 12 and 13 of the Bureau of Indian Standards Act, 2016 (11 of 2016), the
Bureau, with previous approval of the Central Government hereby makes the
following regulations further to amend the Bureau of Indian Standards
(Conformity Assessment) Regulations, 2018, namely.
Regulation - 1.
(1)
These
regulations may be called the Bureau of Indian Standards (Conformity
Assessment) Amendment Regulations, 2022.
(2)
They
shall come into force on the date of their publication in the Official Gazette.
Regulation - 2.
In
the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018, in
Schedule - II, after Scheme IX, the following scheme shall be inserted, namely.
"Scheme - X
Conformity
assessment scheme for grant of licence to use or apply Standard Mark for goods
and articles as per the specified requirements
1.
Scope.
(1)
Under
this Scheme, the manufacturer may be granted ?
(a)
licence
for demonstration of conformity of goods or articles, hereinafter referred to
as the products, to the specified requirements and the specified requirements
may be given in the relevant standard or essential requirements specified for
the product or both;
(b)
in
addition, the manufacturer may opt for demonstration of conformity of
management system to the specified requirements given in standard as per the
provisions laid down in Scheme - III of the said regulation except the
provisions of forms and fee specified in Scheme - III;
(c)
the
Bureau may grant certificate of conformity instead of licence in case the
product is not desired to be manufactured on a continuous basis and in such a
case, the manufacturer shall not be authorised to use the Standard mark.
(2)
(a)
The grant of licence or certificate of conformity and its operation shall be
done in accordance with the provisions provided under paragraph 3 of this
scheme;
(b)
in addition, if the manufacturer also opts for demonstration of conformity of
management system, the provisions laid down in Scheme - III of the said
regulation shall also apply.
2.
Definition.
(1)
"Technical
file" means documentation covering design, manufacture and operation of
products to the extent applicable and necessary for demonstration of compliance
of conformity.
(2)
"Third
party laboratory" means a laboratory established, maintained or recognised
by the Bureau or Government laboratories empanelled by the Bureau or any other
laboratory decided by the Executive Committee of the Bureau and the details of
third party laboratory will be made available on the website of the Bureau,
(3)
"Test
certificate" means a document furnished by the certified body to
substantiate that the representative specimens of a product were fully tested
for compliance with the specified requirements.
3.
Processes
of the Scheme.
(1)
Selection.
(a)
The
manufacturer shall identify,-
(i)
the
product and the applicable specified requirements against which it intends to
obtain the licence or certificate of conformity;
(ii)
the
application shall be submitted in Form - I annexed to this Scheme,
(iii)
the
following details pertaining to the product shall be submitted in a technical
file for the product along with the application.
(1)
product
description with details of variety or grades or type or size as applicable;
(2)
Specified
requirements applicable for the product;
(3)
photograph
(s) for identification of the product;
(4)
manufacturers
name and complete address;
(5)
detail
for identification and traceability of product like brand name, trade mark,
date of manufacturing, batch or lot or serial number etc. as applicable;
(6)
detail
of design of the product including drawing(s) as applicable;
(7)
description
of manufacturing process as relevant;
(8)
raw
material details as applicable;
(9)
report
of compliance of the product to the specified requirement which may include
test report from third party laboratory or from manufacturers own laboratory as
applicable;
(10)
details
of in-house quality assurance measures including inspection, test plan and
facilities; as applicable;
(11)
instructions
for use, maintenance, installation, safe operation of the product; as
applicable; and
(12)
any
other requirement specified for the product.
(b)
in
case of foreign manufacturers, an authorised Indian representative based in
India shall be nominated by the manufacturer in Form-II annexed to this Scheme.
(2)
Determination.
(a)
the
Bureau on receipt of an application will examine within fifteen days that the
applicant has submitted all required documents along with the application.
(b)
when
the application is complete, the Bureau shall examine the conformity of the
product to the specified requirement by evaluating the technical file.
(c)
The
evaluation will be completed within fourty-five working days and may include one
or combination of the following.
(i)
desk
evaluation of technical file by the Bureau;
(ii)
inspection
and evaluation of technical file through visit to the manufacturing premises
and any other site, if required;
(iii)
inspection
and evaluation of technical file and including management system requirements
through visit to the manufacturing premises and any other site, if required.
(d)
any
inadequacy or non-conformity observed during the evaluation shall be
communicated in writing to the applicant.
(3)
Review.
The evaluation report shall be
reviewed on the basis of the activities specified for their correctness and
conformance to the specified requirements.
(4)
Decision.
The decision on grant of licence or certificate of conformity shall be taken
when the Bureau is satisfied based on the findings of the review and conformity
of the product to the specified requirement.
(5)
Attestation.
The Bureau shall grant the licence or certificate of conformity in Form - III
and Form - IV respectively annexed to this scheme indicating its scope, licence
or certificate number, address of the applicant, validity of licence or
certificate, details of the specified requirements:
Provided
that in case of foreign manufacturer, the authorised Indian representative of
the firm shall duly execute following on a non-judicial stamp paper of rupees
one hundred to be submitted to the Bureau:
(i)
an
agreement for grant of licence as per Form - V annexed to this scheme;
(ii)
an
indemnity bond for grant of licence or certificate of conformity as per Form -
VI annexed to this scheme:
Provided
further, that a performance bank guarantee for US Dollars ten thousand issued
by any bank having, Reserve Bank of India approved branch in India shall be
submitted by the foreign manufacturer or alternatively, performance bank
guarantee submitted by the foreign manufacturer in equivalent Indian rupees for
US Dollars ten thousand as on the date of grant or renewal of licence may also
be accepted by the Bureau.
(6)
Surveillance.
(a)
The
Bureau may carry out surveillance assessment of the certified body holding the
licence either with or without prior intimation.
(b)
the
need for carrying out the surveillance assessment and market surveillance which
may include visit at the site of installation shall be decided keeping in view
the risk associated.
(c)
the
Bureau may obtain feedback from buyers.
(d)
any
variation observed during such assessment shall be communicated to the
certified body.
4.
Complaints.
(1)
Whenever
any complaint regarding non-compliance of requirements or non-conformity of the
product to the specified requirement is received by the Bureau, the same shall
be investigated and investigation at complainant end may generally precede the
investigation at the certified body.
(2)
In
case the complaint is established,
(a)
steps
shall be taken to advise the certified body to arrange redressal;
(b)
licence
may be suspended, and certified body may be advised to take corrective actions
and suspension may be revoked after satisfactory verification of corrective
action;
(c)
in
case it is established that the certified body has indulged in any of the
activity leading to establishment of any of the conditions given in
sub-paragraph (1) of paragraph 12 of this Scheme, licence or certificate of
conformity may be cancelled.
5.
Fee.
The
fee for each product or group of products shall be notified by the Bureau.
6.
Labelling
and marking requirements.
(1)
Each
product or the package or both shall be marked with the Standard Mark in case of
licence, as specified in Annexure - I.
(2)
The
Standard Mark shall carry the licence number and any other reference to the
specified requirement in a visible manner and shall be as specified in the
licence.
(3)
If
the Standard Mark cannot be applied on the product or the packaging physically,
it shall be given on the test certificate.
(4)
The
product details as per the specified requirement which may include, but it is
not limited to, variety, lot or batch or serial number, date or week of
manufacturing, brand name, trade mark, complete address of manufacturer shall
be marked on either the product or the packaging or both contained in a label
attached to the product.
(5)
For
certificate of conformity, the certificate of conformity number shall be marked
on the product or package or both. The copy of certificate of conformity shall
be provided with the product.
(6)
For
any specific product, additional labelling and marking requirements including
usage of Standard Mark under a licence may be specified by the Bureau in the
relevant product specific guidelines which shall be complied.
7.
Conditions
of licence and certificate of conformity.
(1)
The
conditions of licence shall be as provided in regulation 6 of these regulations
and annexure to Form - II of this scheme.
(2)
The
conditions of certificate of conformity shall be as provided in regulation 14
of these regulations and annexure to Form - III of this scheme.
(3)
The
Bureau may specify any product specific conditions for the licence or
certificate of conformity.
8.
Validity
of licence and certificate of conformity.
(1)
The
licence shall be granted initially for not less than three years and upto six
years.
(2)
The
licence may be renewed for a further period of not less than three years and
upto six years.
(3)
The
certificate of conformity shall be applicable to a specific product prototype
or lot or batch of product only and will not authorize production of similar
product on continuous basis.
(4)
The
details about validity of licence and certificate of conformity shall be made
available on the website of the Bureau,
9.
Renewal
of licence.
(1)
An
application for renewal of licence shall be made before two months of its
expiration to the Bureau in Form - VII annexed to this Scheme.
(2)
The
Bureau shall renew the licence in Form -VIII annexed to this Scheme.
(3)
The
renewal of licence shall be done in accordance with regulation 8 of the said
regulation.
(4)
The
provisions under clause (d) of sub-paragraph (2) of paragraph 3 of this scheme
may also be undertaken by the Bureau for renewal of licence.
10.
Change
in scope of licence.
(1)
An
application for change in scope of licence shall be made to the Bureau in Form
- X annexed to this Scheme.
(2)
For
extension in scope of licence, application shall be made along with the
submission of technical file of the product variety to be added and the fee
prescribed under paragraph 5 of this Scheme.
(3)
The
Bureau shall carry out evaluation as mentioned in sub-paragraph (2) of
paragraph 3 of this Scheme.
(4)
The
Bureau shall change the scope of licence in Form -X annexed to this Scheme.
11.
Suspension
of licence.
(1)
The
manufacturer on its own shall suspend the use of the licence under intimation
to the Bureau if, at any time, there is difficulty in maintaining the
compliance or conformity of the product or due to natural calamities such as
flood, fire, earthquake, lock out declared by the management, closure of
operations directed by a competent court or statutory authority.
(2)
The
revocation of suspension may be done as soon as the deficiencies are removed
and information shall be sent to the Bureau immediately but not later than
seven days from the date of revocation.
(3)
The
manufacturer on its own shall suspend the use of the licence under intimation
to the Bureau on relocation of any of its processing activities to new
premises.
(4)
The
revocation of suspension may be done by the Bureau after obtaining such evidence,
not limited to, namely.
(a)
confirming
about readiness to commence operations at new premises;
(b)
verification
of the old premises;
(c)
verification
of processing activities at new premises.
(5)
(a)
The Bureau may suspend the licence at any time, if it has sufficient evidence
of non-compliance or nonconformity of the product to the relevant specified
requirements and such evidence is not limited to, but may include one or more
of the following, namely.
(i)
use
of licence and standard mark on the non-conforming products;
(ii)
major
deviation observed in the implementation of technical file;
(iii)
relocation
of processing activities unit to a new address without intimation;
(iv)
non-compliance
of any instructions issued by the Bureau from time to time.
(b)
The manufacturer, whose licence has been put under suspension, shall stop using
licence or applying Standard Mark, dispatching of the product bearing the
Standard Mark and shall send confirmation in this regard to the Bureau
immediately followed by confirmation of having taken corrective actions.
(c)
The Bureau may arrange on-site assessment visit to verify the corrective
actions and may allow revocation of suspension after satisfying itself that the
manufacturer-
(i)
has
taken necessary corrective actions; and
(ii)
has
provided sufficient evidence of conformity of the product to the specified
requirements.
12.
Cancellation
of licence or certificate of conformity or refusal of renewal of licence.
(1)
The
Bureau may cancel licence or certificate of conformity or refuse renewal of
licence, if,
(a)
the
manufacturer has indulged in misuse of the licence or certificate of
conformity;
(b)
has
made false declaration in relation to the certification or indulged in falsification
of records or unfair trade practices;
(c)
suspension
of licence exceed more than one year;
(d)
the
manufacturer has violated any conditions of the licence or certificate of
conformity;
(e)
cancellation
or refusal of re-certification under the provisions of Scheme - III of the said
regulation for management system certification, if applicable.
(2)
Before
cancellation or refusal of renewal of licence, the Bureau shall give the
manufacturer a written notice of not less than twenty one days through e-mail
or any other suitable means of communication, informing its intention of
cancellation or refusal of re-certification, along with the grounds, with
provisions for submitting his written explanation and for personal hearing, if
sought.
(3)
If
the licence is not under suspension, the notice shall contain instructions
directing manufacturer to stop use of the standard mark.
(4)
In
case of non-receipt of a written explanation within a period of twenty-one days
from the date of issue of the notice, the Bureau may cancel or refuse to
re-certify the licence or cancel certificate of conformity.
(5)
If
an explanation is submitted, the Bureau may take into consideration the
explanation so submitted and give a personal hearing, if sought, to the
organisation or his authorised representative, as the case may be, before
taking a decision in this regard.
(6)
The
decision taken by the Bureau for cancellation or refusal of re-certification
under sub-paragraphs (4) and
(7)
of
this scheme shall be communicated to the organisation through e-mail or any
other suitable means of written communication along with the grounds.
(8)
When
specified requirements are withdrawn and not superseded by any other
requirements, any licence granted in respect thereof shall be deemed to have
been cancelled from the date of withdrawal of such specified requirements and
licence shall be surrendered to the Bureau by the organisation forthwith.
Annexure - I
(see sub-paragraph (1) of paragraph
6)
Guidelines
for use of Standard Mark
The
monogram of the Standard Mark consists of the pictorial representation, drawn
in the exact style as indicated in the figures below. Its photographic
reduction and enlargement is permitted.
(i)
The
Standard Mark can be displayed in single colour or multi-colour as per the
details given below. The colour scheme for the Standard Mark to be used in
multi-colour shall be used as indicated below;
(ii)
The
licensee shall display the Standard Mark on the article or the packaging or
both, as the case may be, in a manner so as to be easily visible;
(iii)
The
Standard Mark shall be legible, indelible and non-removable and the durability
of marking shall be as per the provisions of the relevant Indian Standard,
wherever applicable;
(iv)
The
display of words shall not be less than arial font size 6;
(v)
Any
device with an integrated display screen may present the Standard Mark
electronically (e-labelling) in lieu of a physical presentation on the product.
(vi)
[Xxxx]
Form - I
(see sub-clause (ii) clause (a) of
sub-paragraph (1) of paragraph 3)
BUREAU OF INDIAN STANDARDS
Product
Certification Scheme
Application
for Licence to use the Standard Mark or for Certificate of Conformity
Full
Name of Firm
Full
Name of Firm
Address
Tel
Office
Fax
Village/City
District State Country Pin
Code
E-mail
Address
Tel
Factory
Fax
Village/City
District State Country Pin
Code
E-mail
Name
Designation Name Designation
Top
Management details
Technical
Management details
Name
Tel E-mail
Contact
Person
Correspondence
Address
Office
Scale
of
Unit
Large
Public
Factory
MSME
(Mention, whether Micro,
Small
or Medium) Sector Private
This
application is made to obtain BIS licence for usage of Standard Mark or for
certificate
of conformity on:
Product
Varieties
Specified
requirements (Grade/Type/Class etc.)
|
Units of
Production
|
Present
Installed Capacity
|
Quantity
|
Value
(?)
|
|
|
|
|
|
Invoice No. with date
Amount ( )
Fee Details
Signature
Name
Seal of Firm Designation
Date of application
DIN no.(in case of director)
PAN or Business licence
no. of Firm PAN no. (for other cases)
Important: Application should be signed by CEO of the firm, or in his absence
by
authorized representative
Indicate availability of the following documents:
These documents are required to be submitted along with the application
|
Sr. No.
|
Document(s)
|
Yes/ No/
N.A.
|
|
1
|
Establishment
of firm
|
|
|
2
|
Address
proof of the factory
|
|
|
3
|
Valid MSME
certificate, if applicable
|
|
|
4
|
Authorized
representative letter, in case application signed by person other than CEO of
the firm
|
|
|
5
|
Technical
files
|
|
|
6
|
Brand
details
|
|
|
7
|
Authorised
Indian representative, if applicable
|
|
|
8
|
Declarations,
as applicable
|
|
Explanation.- For the purpose of this form, the expression micro, small and
medium enterprises shall have the meaning assigned to it in the Micro, Small
Medium Enterprises Development Act, 2006 (27 of 2006), as amended from time to
time.
Whether applying for system certification from Bureau: Yes or No
If yes, submit below mentioned additional documents
|
Sr. No.
|
Document(s)
|
Yes/No/N.A.
|
|
1
|
Mention
specified requirements, as applicable
|
|
|
2
|
Composition
of top management and their designations, including management representative
and supporting documents, as applicable
|
|
|
3
|
Quality
manual, as applicable
|
|
Declaration:
The
information given in this application form are true to the best of my/our
knowledge and belief. I/We shall be responsible if any misleading information
given in this form and the application shall be liable for rejection if wrong
information has been given. If the licence or certificate of conformity is
granted on the basis of information which is found to be incorrect later, the
licence or certificate of conformity shall be liable for cancellation.
The
information obtained by a certification officer or the Bureau from any
statement made or information supplied or any evidence given or from inspection
made shall be treated as confidential by the Bureau as per provisions of
subsection (5) of section 27 of the Bureau of Indian Standards Act, 2016.
Note:
For more details, you may please visit our website
Form - II
(see clause (b) of sub-paragraph (1)
of paragraph 3)
Form
for Nomination by Manufacturer
To
The
Director General,
Bureau
of Indian Standard, 9, Bahadur Shah Zafar Marg, New Delhi-110 002.
Subject:
Nomination of Authorised Indian Representative (as per clause 3.1 of the
Agreement)
Dear
Madam/Sir,
In
terms of the requirement of clause 3 of the agreement, we, M/s ................
the manufacturer and signatory of the Agreement with Bureau of Indian
Standards, do hereby nominate and appoint Mr./Ms. ................ son /
daughter of Mr................................resident of
................................ INDIA, as our Authorised Indian representative
in terms of clause 3 of the Agreement.
Mr./Ms.
................................ would be the person responsible for and on our
behalf under the agreement for compliance of terms and conditions of the
Agreement and also provisions of the Bureau of Indian Standards Act 2016, and
rules and regulations framed there under. The form also contains his / her
signatures in token of his / her acceptance, consent and confirmation of the
terms and conditions of the Agreement.
Please
be advised that the nomination in favour of the authorised India representative
shall continue for the purpose of this agreement till such time that some other
person is appointed in his / her place in accordance with the terms of the
Agreement.
Yours
faithfully,
Signature
of Authorised Signature:
Indian
Representative: Name:
Name:
Designation:
Designation:
Contact details:
Contact
details: Mob. No.:
Mob.
No.: Email:
Email:
Date:
Seal:
Form - III
(see clause (a) of sub-paragraph (5)
of paragraph 3)
Bureau
of Indian Standards
Licence
Licence
No.
By
virtue of the power conferred on it by the BUREAU OF INDIAN STANDARDS ACT, 2016
(11 of 2016), the BUREAU hereby grants to
M/s
(hereinafter called the Licensee) this Licence for the product set out in the
first column of the Schedule hereto, upon or in respect of the scope set-out in
the second column of the said Schedule which is manufactured in accordance
with/conforms to the specified requirement(s) referred to in the second column
of the said Schedule as from time to time amended or revised.
2.
This licence carries obligations on part of the licensee as conditions which
are given in Annexure attached herewith. This licence shall be valid for the
Name, Factory Address and period as mentioned in the Schedule and may be
renewed as prescribed in this Scheme.
SCHEDULE
(Licence
No. .....................)
Name
Factory
Address
Validity
from .....................to .....................
|
Product
|
Scope of
licence
|
|
(1)
|
(2)
|
|
|
|
Signed, Sealed and Dated this .....................day of .....................month
of Year .....................
for
BUREAU OF INDIAN STANDARDS
Name
and Signature of Designated authority
Annexure
Conditions
of the licence.
(1)
The
design of the Standard Mark shall be identical to the facsimile given in the
licence.
(2)
Photographic
enlargement or reduction of the Standard Mark may also be used, unless
otherwise specified by the Bureau.
(3)
The
licensee shall be responsible for the conformity of the goods, article, or
system to the specified requirements in relation to which Standard Mark is used
or applied.
(4)
The
licensee shall not use the Standard Mark in relation to goods, articles or
system which are non-conforming or outside the scope of the licence.
(5)
The
Standard Mark shall not be used or applied in relation to any goods, article or
system during suspension or after expiry of the licence.
(6)
The
licensee shall comply with the provisions of the conformity assessment scheme
under which licence is granted, including labelling and marking requirements.
(7)
The
licensee shall maintain records as specified by the Bureau from time to time.
(8)
The
licensee shall provide the Bureau all assistance in connection with carrying
out inspection or audit at its premises or any other site and such assistance
shall include sending samples which have been marked and sealed by the
certification officer to the designated office or laboratory within seven days
from the date of inspection,/ audit or /evaluation.
(9)
The
licensee shall provide information relating to production and use or applying
of Standard Mark as and when it is required by the Bureau.
(10)
If
the licence is granted to use or apply Standard Mark on goods or articles, the
licensee shall provide the list of distributors, dealers or retailers to whom
goods or articles with Standard Mark is supplied.
(11)
If
a complaint regarding quality of a product bearing Standard Mark is
established, the licensee shall take suitable corrective actions so as to
eliminate recurrence of such complaints in future.
(12)
The
Bureau shall have the right to amend any of the conditions of licence by giving
a notice of at least one month to the licensee.
Form - IV
(see clause (a) of sub-paragraph (5)
of paragraph 3)
Bureau
of Indian Standards
Certificate
of Conformity
Certificate
of Conformity No.
By
virtue of the power conferred on it by the BUREAU OF INDIAN STANDARDS ACT, 2016
(11 of 2016), the BUREAU hereby grants to
M/s
(hereinafter called the holder of certificate of conformity) this certificate
of conformity for the product set out in the first column of the Schedule hereto,
upon or in respect of the scope set-out in the second column of the said
Schedule which is manufactured in accordance with/conforms to the specified
requirement(s) referred to in the second column of the said Schedule.
2.
This certificate of conformity carries obligations on part of the holder of
certificate of conformity as conditions which are given in Annexure attached
herewith. This certificate of conformity shall be valid for the Name, Factory
Address as mentioned in the Schedule.
SCHEDULE
(Certificate
of Conformity No. ..................)
Name
Factory
Address
|
Product
|
Scope of
certificate of conformity
|
|
(1)
|
(2)
|
|
|
|
Signed, Sealed and Dated this ..................day of ..................month
of Year ..................
for
BUREAU OF INDIAN STANDARDS
Name
and Signature of Designated authority.
ANNEXURE
Conditions
of the certificate of conformity.
(1)
The
holder of certificate of conformity shall be responsible for the conformity of
the goods, article or system to specified requirements in relation to which
certificate of conformity is issued.
(2)
The
holder of certificate of conformity shall not use the certificate of conformity
in relation to goods, articles or system which are non-conforming or outside
the scope of the certificate of conformity.
(3)
Certificate
of conformity shall not be used in relation to any goods, article or system on
cancellation of the certificate of conformity.
(4)
The
holder of certificate of conformity shall comply with the provisions of the
conformity assessment scheme under which certificate of conformity is granted,
including labelling and marking requirements.
(5)
The
holder of certificate of conformity shall maintain records as specified by the
Bureau from time to time.
(6)
The
holder of certificate of conformity shall provide the Bureau all assistance in
connection with carrying out inspection or audit at its premises or any other
site and such assistance shall include sending samples which have been marked
and sealed by the certification officer to the designated office or laboratory
within seven days from the date of inspection, audit or evaluation.
(7)
If
the certificate of conformity is granted in relation to goods or articles, the
holder of certificate of conformity shall provide the list of consignees,
distributors, dealers or retailers to whom goods or articles under certificate
of conformity is supplied.
(8)
The
certificate of conformity shall not be transferred to any other manufacturer
without prior approval of the Bureau.
(9)
If
a complaint regarding quality of any goods, article or system covered under
certificate of conformity is established, the holder of certificate of
conformity shall take suitable corrective actions so as to eliminate recurrence
of such complaints in future.
(10)
The
Bureau shall have the right to amend any of the conditions of certificate of
conformity by giving a notice of at least one month to the holder of
certificate of conformity.
Form - V
(see clause (i) of sub-paragraph (5)
of paragraph 3)
Agreement
for the grant of Bureau of Indian Standards Licence (for use by the foreign
manufacturer) (On Rs. 100.00/- non judicial stamp paper, to be attested by
Notary Public)
The
Agreement made at New Delhi on this ..................day
of..................month .................. year, between Bureau of Indian
Standards, a body corporate established under the Bureau of Indian Standards
Act, 2016 having its Head Office at Manak Bhawan, 9, Bahadur Shah Zafar Marg,
New Delhi-110 002 (hereinafter referred to as "the Bureau", which
expression shall include its administrators, assigns, agents and or
representatives) of the one part,
AND
M/s..................
a foreign manufacturer having its office at .................. and a
Liaison/Branch Office/Office of its legally appointed Agent, namely,
Mr/Ms..................located in India at .................. (hereinafter
referred to as the manufacturer which expression shall include its heirs, and
or assigns) through Mr./Ms .................. (its Managing
Director/proprietor/partner or authorised signatory, as the case may be):
Whereas
the Bureau has been established by the Bureau of Indian Standards Act, 2016 for
harmonious development of activities of standardisation, conformity assessment
and quality assurance of goods, articles, processes, systems and services and
for matters connected therewith or incidental thereto;
And
whereas in furtherance of its functions as provided in the said Act and in
particular to undertake conformity assessment of foreign manufacturers, the
Bureau is empowered to grant licence to use Standard Mark to foreign
manufacturers;
And
whereas under the said Act, the Bureau is authorised to grant licence for use
of Standard Mark by the foreign manufacturer on its such products, which
conform to the relevant Standards, and the grant of such licence is subject to
the manufacturer complying with the norms laid down by the Bureau from time to
time;
And
whereas the foreign manufacturer has applied to the Bureau for grant of licence
under the said Act and the Bureau after satisfying itself about the capability
of the manufacturer and that it satisfies the requirement as laid down in the
said Act, rules and regulations framed thereunder, and the terms and conditions
of the licence, has decided to grant to the manufacturer licence to use
Standard Mark on the terms and condition hereinafter mentioned.
Now
the parties hereto agree as under:
1.
Definitions:
In
this Agreement, unless the context otherwise requires,
1.1 "Licence" means a
licence granted under section 13 of the Bureau of Indian Standards Act, 2016 to
use a specified Standard Mark in relation to any goods, article, process,
system or service, which conforms to a standard.
1.2 "manufacturer" means a
person responsible for designing and manufacturing any goods or article.
1.3 "recognised testing laboratory"
means a testing laboratory recognised by the Bureau under sub-section (4) of
section 13 of the said Act.
1.4 "product" means the
products to be marked with Standard Mark of the Bureau.
1.5 "authorised
representative" means the person, located in India, nominated and legally
appointed by the manufacturer for the purpose of compliance with terms and
conditions of this agreement and provisions of the said Act, rules and
regulations framed thereunder and shall be deemed to be a person having
ultimate control over the affairs of the manufacturer for the purposes of this
agreement.
2.
Fee
2.1 In consideration of the Bureau
granting licence to the manufacturer and the manufacturer agreeing to abide by
the provisions of this agreement and the various obligations and
responsibilities and the Bureau performing its part under the said Act, the
manufacturer shall pay to the Bureau necessary fee, as applicable from time to
time, under the scheme such as advance minimum marking fee, renewal application
fee, annual licence fee and marking fee calculated on actual production marked
and any other fee as determined under the said regulation.
2.2 The manufacturer also agrees to
bear all expenses, including cost to the Bureau of the days spent by its
certification officer(s) in connection with the inspection, audit or evaluation
at the manufacturing facility, testing laboratory or any other premises (from
the time of departure from the place of posting till return thereto), and
testing fee as the case may be, as decided by the Bureau.
3.
Nomination.
3.1 The manufacturer shall nominate
and appoint a person as his authorised representative located in India after
obtaining all necessary permission or sanctions, if required, under the Indian
laws, setting out the terms and conditions of such appointment in writing,
whose nomination shall be duly communicated to the Bureau in writing.
3.2 The authorised representative
may either be in-charge or a senior officer of the Indian office or a legally
appointed agent of the manufacturer in India.
3.3 The form containing nomination
of the authorised representative by the manufacturer either at the time of
execution of this agreement or at the time of fresh appointment during the
continuation of this agreement, shall also contain the signature of such
authorised representative who has been so appointed, in token of his consent
and confirmation of the terms and conditions of this agreement and to signify
his willingness for compliance of various provision of agreement under the said
Act and rules and regulations framed there under.
3.4 The authorised representative
appointed shall be deemed to be a person having ultimate control over the
affairs of manufacturer in India for the purposes of this agreement and as such
shall be responsible for all due compliance of terms and conditions of this
agreement as also provisions of the said Act and the rules and regulations
framed thereunder and shall continue to be so till another authorised
representative is appointed in his place in accordance with the terms of the
agreement.
3.5 The authorised representative
shall remain bound to comply or adhere to the terms and conditions of this
agreement, the provisions of the said Act and rules and regulations there under
for and on behalf of manufacturer and thus shall be responsible and liable for
all the acts and omissions and violations of the terms of the agreement or
provisions of the Act and rules and regulations framed thereunder in his
personal capacity.
3.6 The manufacturer shall ensure
that his authorised representative does not remain un-represented at any time
during the continuation of this agreement, on account of any reasons whatsoever
and shall further ensure that the authorised representative already nominated
is substituted or another authorised representative is freshly nominated in
records of the Bureau well before the incumbent authorised representative is
relieved of his obligations or liabilities under this agreement.
3.7 It is understood and agreed
between the parties that this clause is an essence of this agreement and any
violation of this clause shall authorise the Bureau to terminate or determine
this agreement forthwith, whether formally determined or terminated or not, and
take steps for cancellation of his licence.
3.8 It is agreed that such
determination will be without prejudice to the other rights of the Bureau
available to it under the said Act and rules and regulations framed thereunder
or under this agreement.
3.9 The Bureau shall be entitled to
terminate this agreement forthwith in the event it is revealed to or comes to
the knowledge of the Bureau that the manufacturer has failed to comply with the
terms of this clause except that in the event of death of authorised
representative during the continuation of this agreement, the manufacturer
shall be entitled to nominate a new authorised representative within twenty one
days of the date of death of such authorised representative failing which
provisions of clause 3.6 shall apply mutatis-mutandis.
3.10 It is agreed that in the event
the authorised representative nominated by manufacturer severs his relationship
or connection with the manufacturer and no new authorised representative is
appointed in his place in terms of clause 3.6 hereinabove by manufacturer
before earlier authorised representative being discharged or relieved well
within the time, then notwithstanding determination or termination of this
agreement, the earlier authorised representative shall remain liable and
responsible for all the acts or omissions or violations of the terms and
conditions of this agreement or provisions of the said Act and rules and
regulations framed thereunder, committed till the time of his resignation or
discharge.
3.11 The word
"manufacturer" and "licensee" mentioned in the agreement
shall mean and include "authorised representative" unless it is
repugnant to the context.
4.
Acceptance
of terms and conditions.
4.1 The licensee and his authorised
agent agree to abide by all the terms and conditions of grant of licence as per
the said Act, rules and regulations framed thereunder.
5.
Rights
and responsibilities of licensee.
5.1 The licence to use Standard Mark
granted to the manufacturer shall only be with respect to .................
(mention product) as per ................. (mention standard).
5.2 Rights and responsibilities of
the licensee shall be as laid down in the said Act and rules and regulations
framed thereunder and as conveyed by the Bureau from time to time, and the
licensee shall abide by the same.
6.
Period
of validity of licence and renewal thereof.
6.1 The licence to use Standard Mark
of the Bureau shall be valid for the period as expressly stated therein, and
shall automatically expire thereafter, unless specifically renewed in writing
by the Bureau for any further period.
6.2 In case an application for
renewal of the licence is submitted by the licensee to the Bureau (during the
period of validity of the licence, or within such period from the date of
expiry thereof as may be stipulated, the Bureau may consider renewal thereof
for a further period as deemed proper by it.
6.3 During the pendency of
consideration of such application for renewal, the licensee shall not make any
claim regarding holding of such licence, and nor shall be entitled to mark the
article or process upon expiry of the licence, till such time that the licence
is renewed by the Bureau in writing for any further period.
7.
Cancellation
of licence.
7.1 The licence may be cancelled by
the Bureau in accordance with regulation 11 of the said regulation.
8.
Suspension
of licence.
8.1 The licence may be suspended by
the Bureau in accordance with regulation 10 of the said regulation.
9.
Termination
of agreement.
9.1 The licensee violates or commits
breach of any term or condition of this Agreement, whether by way of an act of
commission or omission.
9.2 The licensee can also terminate
the agreement by giving thirty days notice in writing addressed to Head,
Foreign manufacturers certification department, Bureau of Indian Standards, 9
Bahadur Shah Zafar Marg, New Delhi-110 002, by registered post or by a notice
delivered by hand.
9.3 On determination or termination
of the agreement, the manufacturer shall forthwith cease to apply Standard Mark
on any of the product manufactured or marketed by manufacturer and shall
immediately furnish a statement to the Bureau indicating the details of the
product so manufactured or marked prior to termination of Agreement or licence
and shall comply with all directions that may be conveyed by the Bureau to it.
9.4 The manufacturer shall also
clear all liabilities, financial or otherwise, towards the Bureau and shall
return the original licence document along with all endorsements.
10.
Indemnity.
10.1 The manufacturer agrees and
fully understands that under the conformity assessment scheme of the Bureau
under which the licence is granted, the responsibility of conformance to the
relevant standard with respect to products is solely on the manufacturer.
10.2 The manufacturer, therefore,
agrees to indemnify the Bureau for all claims or damages arising out of its
manufacturing of products and / or non-conformance to the relevant standards
that may be made against the Bureau by any person or firm or company or
association or consumer.
10.3 The manufacturer agrees and
undertakes to execute an Indemnity Bond, in a language acceptable to the
Bureau, indemnifying and holding the Bureau harmless in respect of any third
party claims with regard to conformance of products manufactured by the
manufacturer on which the Standard Mark is used, to the relevant standard.
10.4 The manufacturer further
undertakes to furnish a Bank Guarantee, for US$ 10,000.00 (US Dollars Ten
Thousand only) or equivalent amount in Indian Rupees in favour of the Bureau,
for due compliance of the provisions of the said Act and the rules and
regulations framed thereunder, and the terms and conditions of the licence.
10.5 In case of any breach thereof,
the Bureau shall be entitled to invoke the Bank Guarantee at its sole
discretion, whose decision in that regard shall be final and binding on the
manufacturer.
11.
Agreement
period.
11.1 This agreement comes into force
from the date of grant of licence and till the period for which it is granted
or renewed and until withdrawn or terminated or cancelled by either party in
accordance with the terms of this agreement.
12.
Jurisdiction.
12.1 If any dispute arises between
the parties to the agreement including touching, interpretation or meaning of
any of clauses the agreement or respective rights or obligations or liabilities
of the parties to this agreement, courts at Delhi alone shall have the
jurisdiction to entertain, try and resolve such claims or rights or disputes.
12.2 For the purposes of this
agreement, the address of the manufacturer shall be its address given in India
hereinabove, while that of the Bureau shall be as mentioned hereinabove.
12.3 All notices or letters
addressed to and or delivered at the said address shall be deemed to have been
issued or delivered to the respective parties.
In
witness where of the parties hereto affix their signatures:
Bureau
of Indian Standards Manufacturer
In
the presence of:
Witnesses:
Form - VI
(see clause (ii) of sub-paragraph
(5) of paragraph 3)
Indemnity
Bond
(On
non-judicial Stamp Paper of Rs. 100.00 /- and attested by Notary Public)
This
Indemnity Bond is executed on this ...................... day of
...................... 20...................... at New Delhi by M/s
...................... a company or firm having its registered or corporate
office at ...................... and a Liaison or Branch Office at
...................... (India) or legally appointed Agent in India, namely
Mr./Ms. ...................... having his/her/its office at
...................... represented through Mr./Ms. ......................
son/wife/daughter of Mr. ...................... its duly authorised
representative (hereinafter referred to as the certified body), in favour of
Bureau of Indian Standards, having its headquarters at Manak Bhawan, 9 Bahadur
Shah Zafar Marg, New Delhi - 110 002 (hereinafter referred to as the Bureau) :
Whereas
the certified body who is engaged in the business of manufacture of
...................... (name the product for which licence or certificate of
conformity is being obtained) outside India, has approached the Bureau for
grant of licence to Standard Mark or for certificate of conformity on the
aforesaid product, as conforming to ...................... (standard);
And
whereas as per the conformity assessment scheme of BIS under which the licence
or certificate of conformity is granted to the certified body, the Bureau on
being satisfied that the product manufactured by the certified body conforms to
the particular standard, merely gives a licence to use the Standard Mark or
certificate of conformity on such product as conforming to the standard;
And
whereas the responsibility of conformance to the relevant standard with respect
to the product in respect of which the licence or certificate of conformity is
granted is the sole responsibility of the certified body, and in case of
non-conformance, the licence or certificate of conformity is liable to be
cancelled by the Bureau;
And
whereas the certified body execute the present Indemnity Bond to hold the
Bureau indemnified and harmless against any third party claims in respect of
non-conformity of the product manufactured in relation to which Standard Mark
or certificate of conformity is used;
Now
therefore this Deed witnesses and it is agreed to and undertaken by the
certified body to safeguard the interests of the Bureau and to keep them
harmless against any claim or demand made or proceedings initiated by any one
against the Bureau in respect of non-conformity of the product manufactured on
which the Standard Mark or certificate of conformity is used, and indemnify the
Bureau in that regard including damages, interest or cost thereof.
In
witness whereof this Deed has been executed at New Delhi by the aforesaid
certified body through its Authorised Representative, in the presence of
witnesses.
Certified
body:
Witnesses:
Form - VII
(see sub-paragraph (1) of paragraph
9)
Application
for renewal of licence
Head
...................... Branch Office
Bureau
of Indian Standards
Dear
Sir/Madam,
1.
I/we,
carrying on business at ...................... ......................
...................... (Full factory and office address) apply for renewal of
licence no. ...................... granted by the Bureau under Bureau of Indian
Standards Act, 2016, and the Rules and Regulations framed thereunder, as
amended from time to time, for a further period from ...................... to
...................... the terms and conditions being the same as stipulated in
my/our previous application and the aforesaid licence, and/or such other
conditions as the Bureau may stipulate.
2.
The
details of production of goods effected under this licence are as below:
(Attach
separate sheet, if required)
(Period
to be reporting from ...................... ...................... to
...................... ...................... )
(i)
Total
production of the good(s)
(ii)
Production
covered under the licence
(a)
Quantity......................
(b)
Value
( )......................
(iii)
Production
not covered under licence, if any, and the reasons for such non-coverage.
(iv)
Names
and addresses of all purchasers
(v)
Any
other information
3.
I/We
are enclosing herewith Receipt No. ...................... dated
...................... for ...................... towards the following dues:
(i)
Renewal
application fee
(ii)
Marking
fee per year rate
(iii)
Previous
dues/Other fee (as per BIS notice), if any
(iv)
Total
amount
Signature
Date
Name
Designation
Seal
of Firm For and on behalf of
Declaration:
The
information given in this application form are complete and true to the best of
my/our knowledge and belief. I/We shall be responsible if any misleading
information given in this form and the application shall be liable for
rejection if wrong information has been given. If the licence is renewed on the
basis of information which is found to be incorrect later, the licence shall be
liable for cancellation.
The
information obtained from any statement made or information supplied or any
evidence given or from inspection made shall be treated as confidential by the
Bureau as per provisions of sub-section (5) of section 27 of the Bureau of
Indian Standards Act, 2016.
Note:
For more details, you may please visit our website
Form - VIII
(see sub-paragraph (2) of paragraph
9)
Attachment
to licence no. ......................
|
Licence
no.
|
Name of
the licensee with the factory address
|
Name of
the product
|
Specified
requirements
|
|
|
|
|
|
Endorsement no. ........................ Dated ........................
Whereas,
the licence was valid upto ................................................
Now,
consequent upon renewal, the validity of the licence given in schedule of the
original licence/endorsement no. ........................ has been extended
from ........................to ........................
Other
terms and conditions of the licence remain the same.
Signature
of designated authority
(Name
of designated authority)
Form - IX
(see sub-paragraph (1) of paragraph
10)
Application
for change in scope of licence
Head
.......................... Branch Office
Bureau
of Indian Standards
Dear
Sir/Madam,
1.
I/we,
carrying on business at ..............................................................................
(Full factory and office address) apply for change in scope as detailed below
for licence no. .......................... granted by the Bureau under Bureau
of Indian Standards, 2016 and the Rules and Regulations framed thereunder, as
amended from time to time.
2.
Change
in scope desired
|
Product
|
Specified
requirements
|
Whether,
extension or reduction
|
Technical
file enclosed (Yes or No)
|
|
|
|
|
|
3.
I/We
have made the payment of ................................. vide receipt No.
................................. dated .................................
towards the above application.
Signature
Date
Name
Designation
Seal
of Firm For and on behalf of
Note
: Attach separate sheet, if required Declaration:
The
information given in this application form are complete and true to the best of
my/our knowledge and belief. I/We shall be responsible if any misleading
information given in this form and the application shall be liable for rejection
if wrong information has been given. If the scope of licence is changed on the
basis of information which is found to be incorrect later, the licence shall be
liable for cancellation.
The
information obtained from any statement made or information supplied or any
evidence given or from inspection made shall be treated as confidential by the
Bureau as per provisions of sub-section (5) of section 27 of the Bureau of
Indian Standards Act, 2016.
Note:
For more details, you may please visit our website
Form - X
(see sub-paragraph (4) of paragraph
10)
Attachment
to licence no. .................................
|
Licence
no.
|
Name of
the licensee with the factory address
|
Name of
the product
|
Specified
requirements
|
|
|
|
|
|
Endorsement no. .................. Dated ..................
The
following change in scope of licence has (have) been approved by the Bureau
with effect from ..................
Consequent
upon the above changes, the revised scope of licence in Column (2) of the table
in Schedule of the licence for the product set out in Column (1) of the
Schedule is amended as follows:
Other
conditions of the licence remain the same.
Signature
of designated authority
(Name
of designated authority)"