Background
The Bureau of Indian Standards Act, 2016 was enacted to replace the earlier Bureau of Indian Standards with the objective of strengthening the quality ecosystem in India and aligning it with global best practices. This legislation significantly broadened the mandate of the Bureau of Indian Standards (BIS), the national standards body of India, by introducing new provisions related to standardization, marking, and conformity assessment of goods, services, processes, and systems.
Under this Act, the BIS has been empowered not only to frame standards but also to enforce mandatory certification for critical products and services to ensure public health, safety, environmental protection, and fair trade practices. It allows the central government to notify certain goods or articles that shall conform to Indian Standards and bear the Standard Mark under compulsory certification.
In furtherance of these powers, the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018 were introduced. These regulations define the procedures, schemes, and mechanisms for granting, monitoring, and renewing various types of conformity assessments.
What is Licence to Use a Standard Mark?
As per Section 2 (20) of the Bureau of Indian Standards Act, 2016 licence is defined as a licence granted under section 13 to use a specified Standard Mark in relation to any goods, article, process, system or service, which conforms to a standard.
Procedure for Grant of Licence (Section 13)
A person may apply for grant of licence as the case may be, if the goods, article, process, system or service conforms to an Indian Standard.
Where any goods, article, process, system or service conforms to a standard, the Director General may, by an order, grant a licence to use or apply a Standard Mark in a manner as may be specified by regulations, subject to such conditions and on payment of such fees, including late fee or fine, before or during the operation of the certificate of conformity or licence, and as determined by regulations.
Application for grant of licence to use or apply a Standard Mark (Regulation 4).
(1) An application for grant of licence to use or apply a Standard Mark under section 13 shall be made to the Bureau in the form specified in the applicable Scheme in Schedule-II.
(2) The processes involved in grant of licence and fee, shall be as specified in the Scheme in Schedule-II.
(3) On receipt of application under sub-regulation (1), the Bureau may make enquires for verification of the particulars set out in the application and also such other enquiries as it may deem necessary.
(4) The Bureau may ask the applicant or its authorised representative to appear before it for personal representation before the grant of licence.
(5) The authorised representative specified under sub-regulation (4) shall be based in India.
(6) An application which is not complete in all respects or does not conform to the requirements of sub- regulation (1) and (2) shall be rejected by the Bureau:
Provided that before rejecting an application, the applicant shall be given an opportunity to remove, within thirty days of the date of receipt of relevant communication from the Bureau, such objections as may be indicated by the Bureau:
Provided further that the Bureau may on sufficient reason being shown, extend the time not exceeding thirty days, as the Bureau may consider fit to enable the applicant to remove such objections:
Provided also that 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 furnished by the applicant or his representative, as the case may be.
The Bureau on being satisfied that the applicant is eligible for grant of licence, shall grant licence to use or apply a Standard Mark in form specified in the applicable Scheme in Schedule-II. (As per Regulation 5)
Conditions of licence to use or apply a Standard Mark (Regulation 6)
(1) The design of Standard Mark shall be identical to the facsimile given in the licence.
(2) The 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, process, system or service to the Indian Standard in relation to which Standard Mark is used or applied.
(4) The licensee shall not use the Standard Mark in relation to goods, articles, process, system or service which are non –conforming or outside the scope of the licence.
(5) If goods and articles in relation to which a Standard Mark has been used do not conform to the
requirements of the relevant standard, the Bureau may direct the licensee or his representative to recall the non-conforming goods and articles.
(6) The Standard Mark shall not be used or applied in relation to any goods, article, process, system or service during deferment or suspension, as the case may be, and after expiry or cancellation of the licence.
(7) The licensee shall comply with the provisions of the conformity assessment scheme under which licence is granted, including labelling and marking requirements.
(8) The licensee shall maintain records as specified by the Bureau from time to time.
(9) The licensee shall provide the Bureau all assistance in connection with carrying out inspection or audit or evaluation, as applicable, at its premises and such assistance shall include sending samples which have been marked and sealed by the certification officer to the designated office or laboratory and ensuring that such sample is dispatched to the designated office or laboratory within seven days from the date of inspection, audit or evaluation
(10) The licensee shall provide information relating to production and use or applying of Standard
Mark as and when it is required by the Bureau.
(11) If the licence is granted to use or apply Standard Mark on goods or articles, the licensee shall provide the list of consignees, distributors, dealers or retailers to whom goods or articles with Standard Mark is supplied.
(12) The licence shall not be transferred to any person without the prior approval of the Bureau.
Penalties & Punishments
Contravention of the provisions of the Act/Rules/regulations may lead to imposition of such penalty as deemed fit by the BIS/appropriate authority
Conclusion
The Bureau of Indian Standards (Conformity Assessment) Regulations, 2018, framed under the BIS Act, 2016, establish a comprehensive and structured mechanism for ensuring that products conform to prescribed Indian Standards. The process — from selection, application, and determination, to grant of license and post-licensing surveillance — ensures that only quality-assured products reach the market. The structured use of standardized forms across various stages enhances transparency, traceability, and compliance.
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