INDIAN STANDARDS, CERTIFICATION AND LICENCECentral

Section 18 of The Bureau of Indian Standards Act, 2016.

(1)The licence holder shall, at all times, remain responsible for conformance of the goods, articles, processes, systems or services carrying the Standard Mark.
(2)It shall be the responsibility of the distributor or the seller, as the case may be, to ensure that goods, articles, processes, systems or services carrying the Standard Mark are purchased from certified body or licence holder.
(3)It shall be the responsibility of the seller before the goods or article is sold or offered to be sold or exhibited or offered for sale to ensure that—
1. (a)goods, articles, processes, systems or services carrying the Standard Mark bear the requisite labels and marking details, as specified by the Bureau from time to time;
2. (b)the marking and labelling requirements on the product or covering is displayed in a manner that has been specified by the Bureau.
(4)Every certified body or licence holder shall supply to the Bureau with such information and with such samples of any material or substance used in relation to any goods, article, process, system or service, as the case may be, as the Bureau may require for monitoring its quality and for the recovery of the fee as may be prescribed in the certificate of conformity or the licence.
(5)(a) The Bureau may make such inspection and take such samples of any material or substance as may be necessary to see whether any goods, article, process, system or service, in relation to which a Standard Mark has been used, conforms to the requirements of the relevant standard or whether the Standard Mark has been properly used in relation to any goods, article, process, system or service with or without a licence.
1. (b)The Bureau may publicise the results of its findings and the directions given in pursuance thereof.
(6)If the Bureau is satisfied under the provisions of sub-sections (4) and (5) that the goods, articles, processes, systems or services 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 certified body or licence holder or his representative to stop the supply and sale of non-conforming goods or articles and recall the nonconforming goods or articles that have already been supplied or offered for sale and bear such mark from the market or any such place from where they are likely to be offered for sale or prohibit to provide the service.
(7)Where a certified body or licence holder or his representative has sold goods, articles, processes, system or services, which bear a Standard Mark or any colourable imitation thereof, which do not conform to the relevant standard, the Bureau shall direct the certified body or licence holder or his representative to—
1. (a)repair or replace or reprocess the standard marked goods, article, process, system or service in a manner as may be specified; or
2. (b)pay compensation to the consumer as may be prescribed by the Bureau; or
3. (c)be liable for the injury caused by non-conforming goods or article, which bears a Standard Mark, as per the provisions of section 31.

Summary

The person holding the licence is always responsible for making sure their products meet the standard.
Sellers and distributors must ensure they only buy goods with the Standard Mark from certified bodies or licence holders.
Before selling anything, a seller must check that the product has the correct labels and markings as required by the Bureau.
Licence holders must provide the Bureau with any information or samples needed to check quality or collect fees.
If goods don't meet the standard, the Bureau can order the seller to stop selling them and recall them from the market.
If bad goods are sold, the Bureau can order the licence holder to repair, replace, or pay compensation to the consumer, or face liability for injuries under Section 31.

Practical examples

1A grocery store owner, Mr. Gupta, buys a batch of packaged water. Under Section 18, it is his responsibility to check that he bought them from a factory that has a valid BIS licence before he sells them to customers.

2A company sells faulty electric fans that have the Standard Mark. The Bureau finds out they don't meet safety rules and, under Section 18, orders the company to recall every fan from the shops and pay the customers back.

FAQ

1. Who is responsible if a product with a Standard Mark fails to meet quality?

The licence holder remains responsible for the quality at all times.

2. Can the Bureau take samples of my products?

Yes, the Bureau can take samples to check if the goods conform to the standard and if the Mark is being used properly.

Test yourself

Q1.Under Section 18 of The Bureau of Indian Standards Act, 2016, what is the responsibility of a distributor or seller regarding the source of their products?

Q2.According to Section 18 of The Bureau of Indian Standards Act, 2016, what action can the Bureau take if it finds that goods bearing a Standard Mark are non-conforming?

Q3.Under Section 18 of The Bureau of Indian Standards Act, 2016, which section is cross-referenced regarding liability for injury caused by non-conforming goods?

Q4.Under Section 18 of The Bureau of Indian Standards Act, 2016, what must a certified body supply to the Bureau upon request?

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