INDIAN STANDARDS, CERTIFICATION AND LICENCECentral

Section 16 of The Bureau of Indian Standards Act, 2016.

(1)If the Central Government is of the opinion that it is necessary or expedient so to do in the public interest or for the protection of human, animal or plant health, safety of the environment, or prevention of unfair trade practices, or national security, it may, after consulting the Bureau, by an order published in the Official Gazette, notify—
1. (a)goods or article of any scheduled industry, process, system or service; or
2. (b)essential requirements to which such goods, article, process, system or service, which shall conform to a standard and direct the use of the Standard Mark under a licence or certificate of conformity as compulsory on such goods, article, process, system or service. Explanation.—For the purpose of this sub-section,—
  1. (i)the expression "scheduled industry" shall have the meaning assigned to it in the Industries (Development and Regulation) Act, 1951 (65 of 1951);
  2. (ii)it is hereby clarified that essential requirements are requirements, expressed in terms of the parameters to be achieved or requirements of standard in technical terms that effectively ensure that any goods, article, process, system or service meet the objective of health, safety and environment.
(2)The Central Government may, by an order authorise Bureau or any other agency having necessary accreditation or recognition and valid approval to certify and enforce conformity to the relevant standard or prescribed essential requirements under sub-section (1).

Summary

The Central Government can make the use of a Standard Mark compulsory for certain goods, processes, or services.
This happens if the government believes it is necessary for public interest, safety, health (human, animal, or plant), environmental protection, or national security.
It also helps prevent unfair trade practices.
The government notifies the specific industries or "essential requirements" that must be met.
Essential requirements are technical rules that ensure the products are safe and healthy for the environment.
The government can authorise the Bureau or other accredited agencies to enforce these compulsory standards.

Practical examples

1To ensure children are safe, the Central Government issues an order in the Official Gazette making it compulsory for all toy manufacturers to have a Standard Mark. Manufacturers must now get a licence to continue selling their toys.

2The government decides that certain electrical wires are a fire hazard if not made correctly. Under Section 16, they notify "essential requirements" for wire safety and direct that no one can sell these wires without a certificate of conformity.

FAQ

1. What are "essential requirements"?

They are technical parameters or requirements that ensure goods or services meet safety, health, and environmental goals.

2. Does the Bureau always enforce these compulsory marks?

While the Bureau usually does, the government can also authorise other accredited or recognised agencies to certify and enforce them.

Test yourself

Q1.Under Section 16 of The Bureau of Indian Standards Act, 2016, which of the following is NOT a reason for the government to make the Standard Mark compulsory?

Q2.According to Section 16 of The Bureau of Indian Standards Act, 2016, where must the Central Government publish its order to make a Standard Mark compulsory?

Q3.Under Section 16 of The Bureau of Indian Standards Act, 2016, what are "essential requirements" primarily meant to ensure?

Q4.Under Section 16 of The Bureau of Indian Standards Act, 2016, who can the Central Government authorise to enforce these compulsory standards?

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